![[2025] UKUT 00352 (IAC)](https://backend.juristeca.com/files/emisores/logo_AioYBzS.png){kind=logo}
Grounds of Appeal
Grounds of Appeal
The Appellant claims the decision of the Judge is vitiated by material errors of law. Three grounds of appeal are relied on:
the Judge made a material misdirection of law in her consideration of paragraph 310(vi)(a) of the Immigration Rules.
the Judge misapplied the test to be applied when considering the requirement set out in paragraph 310(ix) that the Appellant was adopted due to the inability of the original parent(s) to care for her by adopting too high a threshold.
the Judge made irrational findings when considering the best interests of the Appellant and there is a flawed analysis of whether the decision to refuse entry clearance is proportionate on Article 8 grounds.
Permission
Permission to appeal was granted by Upper Tribunal Judge Owens on 17 February 2025. We will return to the decision of the Judge when we address each of the grounds of appeal.
- 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