SV – v – Secretary of State for the Home Department, (Illegal Entrant Parent and Section 55 Best Interest of the Child)

Our Senior Solicitor was recently instructed to represent a client, who wished to legalise his status in the UK.

The client who resided in the UK with his wife and three British children was without any immigration status. The client had previously made an application was made to the Home Office to obtain a legal immigration status. This was refused with no right of appeal.

Our Senior Solicitor was then instructed to challenge the decision through the process of Judicial Review on grounds of Article 8 ECHR Private and Family life, and the Home Office’s failure to consider the Best Interest of the Child which was paramount in this case under Section 55.

The Home Office were reluctant to allow the matter to go to a hearing in the High Court and instead settled the case, which meant our client succeeded in being granted a full right of appeal in the UK. We were then instructed to represent the client in the Appeal which was successful and allowed by the First Tier Tribunal Judge.

Our Senior Solicitor not only secured leave to remain for our client but also settled terms that held the Home Office liable to pay our client’s legal costs in the case.


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