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OTS Successful Appeal Against Entry Clearance Refusal

Posted onJune 10, 2016

Our client, Mr BH, is an Egyptian citizen. He brought a claim under s.82(1) of the Nationality, Immigration and Asylum Act 2002 for entry clearance in order to join his father, who was also an Egyptian refugee. Our client is a 21 year old student at an Egyptian university, whose father was a loyal supporter of Egypt’s previous President, Mohamed Morsi. His father came to the UK after a string of events which occurred whereby our client’s family were subjected to abuse, violence, and persecution due to the political association of our client’s father. Soon after our client’s father came to the UK as an Asylum seeker, and our client’s mother and younger sister soon joined him in the following months. Our client’s application unrepresented by OTS Solicitors at the time, and was denied his application in 2015 on the grounds that he did not satisfy the requirement under para.352D (ii) of the Immigration Rules which requires that person with refugee status who seeks leave to enter or remain in the United Kingdom in order to join or remain with their parents to be under the age of 18. He then approached OTS Solicitors to make an appeal against this outcome.

Grounds of a successful appeal

When the appeal was brought to a First Tier Tribunal, the judge decided to also consider s.117B of the Immigration Rules and the case of Ghising (family life - adults - Gurkha policy) [2012] UKUT 160 and Gurung & Ors [2013] EWCA CIV 8. The judge rejected the application of para.352D on the following grounds: it was decided that although our client was a young adult, whose English language capability was not known, was a student at an Egyptian university, and there was no evidence of financial independence, the judge took the view that our client was emotionally and financially dependent on his parents, especially due to the fact that his father is victim of persecution and cannot return to his country of origin. The Judge also pointed out that the Immigration Rules do not make any provisions for young adults that are refugees, which he considered to be a repudiatory breach of Article 8 of the European Convention on Human Rights 1950.

This case was a success due to the application carried out by OTS lawyers

OH dear OTS with Hans and his team are super. They assisted me greatly with my immigration documentations and i was so happy with the final result. Hans is so prompt with reverting with answers to queries. Hans shows a lot of professionalism in his job and he is very proactive in dealing with urgent issues which occurs during the process. He has a great legal knowledge pertaining to meeting our needs. The team is very proactive and efficient in processing immigration issues above all they show friendliness and their approach is welcoming when it comes to their services. We are ever ready to recommend their services to everybody and to anybody who might need their help Case Workers: Hans Sok Appadu
We have received an outstanding service from Nollienne who ensured that my husband’s settlement visa application is expedited to be able to travel to the UK on time for the birth of our baby girl. Many thanks to Nollienne and to the whole OTS Solicitors team. Case Workers: Nollienne Alparaque
I want to express my gratitude for the exceptional support provided by Sanae Sahebjalal, in my family extension visa application. Sanae demonstrated an impressive level of professionalism, making the intricate process seamless and stress-free. Her clear communication, attention to detail, and proactive approach ensured I was well-informed at every step. What truly sets Sanae apart is her genuine empathy and dedication. She not only understands the legal aspects but also cares deeply about the well-being of her clients and their families. A heartfelt thank you, Sanae, for your unwavering dedication and support. Case Workers: Sanae Sahebjalal
Hans is incredible - look nowhere else !! My parents experience has been sensational . They have asked me to leave this review on their behalf . They had a very difficult case and were concerned about their future and Hans assisted them with a positive outcome which we thought could take years to resolve . From start to finish he and his colleagues had a one to one zoom call with us and then provided their advice and next steps . The best thing about Hans is he is always in contact , even in the evenings but this isn’t the only reason why he’s amazing , it is how articulate and how much care and thought they have put into the case that they managed to secure success . Hans you’re an asset to the firm and keep going and changing peoples’ lives . We couldn’t have done it without you . Anyone seeking advice and comfort , this firm , especially Hans has such an incredible reputation and will not let you down . Thank you Case Workers: Hans Sok Appadu
I had several cases including Naturalization, Family resident visa and BRP. The cases had been mishandled by other lawyers at different times. Having dicovered OTS. My cases were assigned to Sanae Sahebjalal, who managed the cases very thouroghly to thier successful conclusions. I cannot commend Sanae enough on her proficiency. Case Workers: Sanae Sahebjalal