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.

DFAL, UKSC, UTIAC

Deportation and Removal: Supreme Court to Hear Appeals on Seven Year Rule

Next week the UKSC will consider cases on the seven year rule. In Pereira (Appellant) v Secretary of State for the Home Department (Respondent) the court will consider the correct approach to determining when it will be unreasonable to expect a non-British child who has been resident in the UK for seven or more years to leave the UK under 276ADE(1)(iv) of the Immigration Rules. The Appellant is a citizen of Sri Lanka. He arrived in the UK as a dependent of his father in 2006 aged seven. In November 2013 he applied in his own right for indefinite leave to remain in the UK under 276ADE(1)(iv) of the Immigration Rules. His application was refused by the Respondent on the basis that it was not unreasonable for him to return to Sri Lanka given that both his parents had been refused further leave to remain in the UK. He appealed this decision to the First-tier Tribunal. The First-tier Tribunal allowed the appeal but failed to consider at all whether it was unreasonable for the Appellant to leave the UK. The Upper Tribunal overturned the appeal and remade the decision holding that it would not be unreasonable for the Appellant to return to Sri Lanka. The Court of Appeal held that the Upper Tribunal had failed to properly carry out the proportionality assessment and remitted the case to the Upper Tribunal. The Appellant contends that his appeal should have been allowed outright. Continue reading “Deportation and Removal: Supreme Court to Hear Appeals on Seven Year Rule”