Immigration Success Story » Portway Solicitors

Immigration Success Story:

Fighting for Family Life

At Portway Solicitors, we understand that immigration challenges can be daunting, especially when family life is at stake. In this newsletter, we share a recent case where our legal expertise helped a client secure her right to remain in the UK under Article 8 of the European Convention on Human Rights (ECHR).

Case Overview

Our client, a Nigerian national, faced deportation despite living in the UK since 2008 with her husband, who is a British citizen. When her Leave to Remain application was refused in 2020, we challenged the decision, arguing that her removal would disproportionately interfere with her family life.

Key Legal Challenges

We built a strong case around three core legal arguments:

✅ Private & Family Life: The right to maintain her relationship with her husband under Article 8 ECHR.
✅ Public Interest: The government’s position that she should apply from outside the UK.
✅ Proportionality: The hardship of forcing her to leave despite an almost certain visa approval.

How We Helped

First-Tier Tribunal (FTT) Representation:

We successfully argued that separating the couple would cause severe emotional and physical harm, especially given her husband’s health issues. The FTT ruled that deportation was disproportionateunder Article 8.

Defending Against Appeal (Upper Tribunal):

When the Home Office challenged the decision, we submitted a Rule 24 Response citing the landmark case of Chikwamba v SSHD arguing that forcing our client to leave the UK for visa application was unnecessary and unjust.

Legal Precedents Applied:
✔ Chikwamba v SSHD – Establishing that requiring departure when success is near-certain is disproportionate.

✔ Alam & Anor v SSHD [2023] EWCA Civ 30 – Reinforcing the need for a full proportionality assessment beyond immigration rules.

Case Outcome

The Upper Tribunal Judge upheld the ruling of the First-Tier Tribunal recognising that our client met all visa requirements except for her immigration status. This case reinforces the Chikwamba principle and highlights the importance of a tailored proportionality assessment.

Need Legal Assistance?

If you or a loved one are facing a similar immigration challenge, our team at Portway Solicitors is here to help. We specialise in complex immigration cases and ensure that every legal avenue is explored to protect your rights.

Call Us: 0207 476 5500

info@portwaysolicitors.com

https://portwaysolicitors.com

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