This a success story of our client whose leave to remain application was refused. Reiss Edwards challenged the decision of the home office based on the appeal grounds of human rights Read more
The Appellant entered the United Kingdom clandestinely on 1 November 2011 and had lived in the United Kingdom without valid Leave since. He entered into a relationship with a British national, during a period of time in which he did not have extant Leave to Remain in the United Kingdom. An application seeking Leave to Remain as the Partner or Spouse of a British national (as regulated by Appendix FM of the Immigration Rules) was submitted and refused by the Home Office for the following reasons-
Reiss Edwards represented the Appellant in his appeal challenging the impugned decision. The Grounds generally pleaded-
The appeal went before the First-Tier Tribunal (Immigration and Asylum Chamber) (‘FTT’) and allowed by the Judge on the day.
The Judge found without hesitation that the Appellant and his partner were in a genuine and subsisting relationship and that the documents relied on by the Appellant proved that he had cohabited with his partner for at least 2 years.
The Judge further found that with respects to EX.1, the background country evidence did in fact support the Appellant’s claim that both the safety of the Appellant and his partner would be at real risk of harm in the event that they lived together in his country of origin. The Judge accepted the submission raised by Reiss Edwards that the risk to safety when raised within the ambit of a human rights appeal did not need to treated as an asylum claim. The issue germane to the appeal was whether or not the risk of harm was sufficiently high as to amount to an Insurmountable Obstacle. Questions of whether or not the Appellant or his partner could engage the assistance and protection of the authorities and other fundamental asylum principles were not relevant within a human rights appeal.
This particular finding is one which our immigration solicitors is particularly proud of, as it goes against the Home Office’s long-standing position that any claim of harm should not be considered within the sphere of human rights but exclusively be considered as part of an asylum claim.
"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...Read More
"I found Joe very helpful and tremendous patience which is a must in this profes...Read More
"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...Read More
"Professional service. I was very impressed with the fact that my ILR applicatio...Read More
"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...Read More
"The help, the professionalism, the kindness from this team is phenomenal. A mas...Read More
"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...Read More
"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...Read More
"Knowledgeable, experienced, and relatable. Translated a complex process into st...Read More
"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...Read More
"Highly professional organisation and really supportive solicitors. Ina Iteva th...Read More
"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...Read More
"This is the only firm that i spoke with that didn't ask for money before listen...Read More
"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...Read More
"Reiss Edwards is a top notch immigration service company. The way they handled ...Read More
"I have been using Reiss Edwards for three years now for my family's immigration...Read More
"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...Read More
"I have just had British Citizenship application approved. Prior to making the a...Read More
"Investing over 2 million pounds is defintely not a routine decision. We had to ...Read More
"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...Read More
"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...Read More
"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...Read More
"The team of lawyers at Reiss Edwards are very professional and friendly people....Read More