Successful appeal of mum wishing to visit her daughter in the UK

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
19 March 2019

We assisted an elderly lady citizen of Nigeria who had two adult children in the UK. Her daughter is a GP and was born in the UK, whilst the applicant was living in this country with her husband. She was repeatedly refused an entry clearance as a visitor, once on the basis of her income and assets, again for near identical reasons on 11th November 2016 and then on 7th September 2017 when she was refused on a clearly erroneous basis that there remained an unpaid balance on the NHS charge and again on 10th October 2017 on the same basis namely. None of these refusals were appealable because of the reduction in statutory appeals under part 5 of the Immigration & Asylum Act 2002. In August 2018 we were instructed to seek an Entry Clearance to the UK as a family visitor. On 12th September this was refused as the Entry Clearance was not satisfied that the daughter was able to provide maintenance and accommodation for her mother for the purpose of her visit. On 1st October 2018 we sent a pre-action protocol letter for Judicial Review indicating our intention to challenge the decision of 12th September 2018 on the basis of the failure to take into account the evidence which had been supplied to the Entry Clearance Officer with the initial application. In light of the absence of any substantive response to the pre-action protocol we lodged Judicial Review, and the Home Office reviewed their decision and granted an entry clearance for the mother to come and join her daughter in the UK. The basis of our challenge and the Judicial Review was prejudice unfairness and irrationality of the decision to refuse entry clearance. Most alarming was the failure to address the evidence which we filed with the application and therefore the Entry Clearance officer did not provide a fair or legally adequate resolution of the application that was made. The Entry Clearance officer did not take into account the family and private life and the consequences of preventing the mother from visiting her children in the UK.