Immigration grounds of appeal—sample
Produced in partnership with Rowena Moffatt of Doughty Street Chambers

The following Immigration precedent produced in partnership with Rowena Moffatt of Doughty Street Chambers provides comprehensive and up to date legal information covering:

  • Immigration grounds of appeal—sample

Immigration grounds of appeal—sample

    1. 1

      The decision is unlawful under section 6 of the Human Rights Act (section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002).

      1. 1.1

        For the purposes of article 8(2) of the European Convention on Human Rights and Fundamental Freedoms (ECHR), the decision of the entry clearance officer (ECO) is not in accordance with the law as it is not in accordance with the requirements of entry clearance as a partner in Appendix FM of the Immigration Rules.

        1. 1.1.1

          The decision fails to take into account relevant evidence regarding the genuine nature of the relationship, in particular the extensive evidence of telephone contact, the photographs and the letters of support from friends and family that were submitted. Paragraph E-ECP.2.6 is satisfied.

        1. 1.1.2

          The ECO is wrong in concluding that the couple would have inadequate income for the appellant to meet the financial requirement under Appendices FM and FM-SE. Paragraph 8 of Appendix FM-SE requires that, where the income is from self-employment outside the UK, the evidence must be ‘a reasonable equivalent to that set out in paragraph 7’. The appellant maintains that

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