Genuine transfer
Genuine transfer
At paras. [55] to [62] of her decision the Judge addressed the additional limb in para. 310(ix) of the Rules that there has been a genuine transfer or parental responsibility. The Judge accepted, at para. [62], that the evidence established to the relevant standard that there had been a genuine transfer of parental responsibility. That finding was not challenged by the Respondent. That however on its own does not assist the Appellant when the first limb is not made out.
- Heading
- The Appellant is a child. Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellant is granted anonymity. No-one shall publish or reveal any information, including the n
- The Issue
- The Background Facts
- Decision under appeal
- Grounds of Appeal
- The Legal Framework
- Interpretation of the Immigration Rules
- Ground 1: Paragraph 310(vi) of the Immigration Rules
- Analysis
- round 2: Paragraph 310(ix) of the Immigration Rules (The ‘inability of the original parents’ And ‘genuine transfer of parental responsibility)
- Inability
- Analysis
- Inability continued
- Analysis
- Genuine transfer
- Ground 3: The Article 8 Proportionality Assessment
- Disposal
- Conclusions
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