Today, the Court of Appeal dismissed a family from the Philippines plea to stay in the UK. The mother, who can only be referred to as ‘EV’ for legal reasons, applied for Indefinite leave to Remain, but was subsequently refused by the Home Office. The application submitted was on Article 8, Human Rights. Article 8 of the Human Rights Act 1998 enshrines the Right to respect for private and family life. It stipulates that “there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” You can rely on Article 8 if you can show that you will face a serious and unjustified interference with your family or private life if you are removed from the UK.
The Court of Appeal: Immigration Control Ruling
EV, is a mother of five from the Philippines. She entered the UK with a Tier 2 work permit and was employed at a care home in Kent. She shared a home with her husband and three young children. EV’s visa expired in February 2011 and she applied for Indefinite Leave to Remain on the basis that she did not want to disrupt her children’s education. EV’s application was rejected by the Home Office immigration authorities, leading to numerous legal challenges involving the First Tier Immigration Tribunal and the Upper Tribunal.
After her case was refused by both Tribunals, she was given permission to test in the appeal court, where she relied on the importance of her children’s education. EV’s lawyer argued that it was in the best interest of her children and their education in the UK, moreover than immigration control rules.
Lord Justice Lewison disagreed with this argument and said that it is in the better interest of the children to be with their parents, who no longer have right to stay in the UK:
“Although it is, of course, a question of fact for the tribunal, I cannot see that the desirability of being educated at public expense in the UK can outweigh the benefit to the children of remaining with their parents. Just as we cannot provide medical treatment for the world, so we cannot educate the world.”
The Judge did sympathise with EV, agreeing that she was underpaid by the care home who employed her, but was still being refused leave to remain. The Judge further stated that the education system in the Philippines was ‘sufficiently good’, therefore the children’s interest did not outweigh the need for immigration control. Both EV and her husband were found to be employable in the Philippines and have strong family ties.
Despite this ruling, the Judges have said they are left open to the possibility that there could be other cases where it is “overwhelmingly” in the child’s best interests not to be removed from the UK.
What we can do for you to ensure your Human Rights case is successful
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