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The Issue
The Issue
The appeal before us raises an important issue regarding the interpretation of paragraph 310 of the Immigration Rules as in force as at the date of the decision on 21 February 2023 concerning the requirements for indefinite leave to enter the United Kingdom as an adopted child under local procedures in India.
The Appellant is an Indian national who was born on 28 August 2014. Her biological parents are nationals of India, and we will refer to them as [AM] and [MD] (“the Birth Parents”). AM is the brother of LA. The adoption was therefore an inter-familial arrangement.
The adoptive parents are British citizens. The issue is important because of (1) the interplay between the law of adoption and the powers vested in the Secretary of State for the Home Department regarding immigration control, and (2) recognition in the UK of adoptions in India under the the Hindu Adoptions & Maintenance Act 1956 (“HAMA”), in the context of applications for leave to enter or remain in the UK.
- 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