31st May 2019
John Craggs, of Jason Elliott Barristers, recently acted as Counsel for the Appelant in an appeal to the Immigration Tribunal. The Appelant (P) was a Turkish national who had been in a long term relationship with a British woman (L). They had lived together in Turkey, until L developed severe health problems and had to undergo a heart bypass operation. They returned to the UK in order for L to have her operation through the NHS.
M entered the UK on a 6 month visitors’ visa, which subsequently expired, but not before L’s health had taken a turn for the worse. When M’s visitors’ visa expired, he refused to leave L, who was now pregnant, to deal with her health problems and their baby alone in the UK. Unfortunately, his application to remain was rejected by the Secretary of State for the Home Department.
At the appeal hearing, the Home Office remained resolutely opposed to the granting of P’s appeal, despite the fact that, by this time, he was father to a newborn baby. It was even suggested that L simply return to Turkey with him.
Mr Craggs successfully argued that P’s deportation would not only infringe his own human rights but would also deprive both his partner and their baby of a husband and father. As well as this, L would have no right to healthcare in Turkey as she was not a permanent resident, putting her health at risk.
Happily, the First-Tier Tribunal decided the appeal in P’s favour, meaning he is free to live and work in the UK with his young family.
John Craggs is regularly instructed in appeals to the First and Upper Tier tribunals. If you wish to instruct him or any of Jason Elliott Barristers’ tenants or advocates, please contact the clerks on [email protected].Back to News & Insights