Adoption, Guidance, Jamaica, UTIAC

Guidance on Overseas Adoptions and Certificates of Eligibility

In TY ( Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC), the UTIAC gave the following guidance:

In cases where an adoption is not recognised by the law of the United Kingdom :

(i)                  The Tribunal should be aware of the underlying legal process in each part of the Kingdom by which a Certificate of Eligibility is issued.

(ii)                The Certificate of Eligibility is the definitive outcome of the fact-finding and assessment that underlies it.

(iii)              Whilst there is no exact correlation between the requirements that are to be met in the law of adoption and the requirements to be met under the Immigration Rules in order for a minor to be admitted for the purposes of adoption, they ought properly to be seen as a unified whole where each plays its part in determining whether entry clearance should be granted.

(iv)              The Certificate of Eligibility is capable of informing the decision to be made on the application for entry clearance. In particular, the Immigration and Asylum Chamber should be slow to depart from the underlying circumstances (insofar as they can reasonably be ascertained) which are the subject-matter of the Certificate of Eligibility.

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