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 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 name or address of the Appellant, likely to lead members of the public to identify the Appellant. Failure to comply with this order could amount to a contempt of court.
Upper Tribunal Judges Mandalia and Owens, The Honourable Mr Justice Ritchie
Introduction
This is the decision of the Tribunal, to which all three members have contributed.
On 13 November 2022 the Appellant applied for entry clearance to the United Kingdom as the adopted child of adoptive parents who we will refer to as [MT] and [LA] (“the Sponsors”). The application was refused by the Respondent on 21 February 2023 (the decision). The Appellant’s appeal against that decision was dismissed by First-tier Tribunal (“FtT”) Judge Peer (“the Judge”) for reasons set out in a decision dated 4 March 2024.
- 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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