As a direct access barrister it is always very good to win a case in Court. I had the pleasure today. The case was made even harder as the Appellant was in Pakistan and that sponsor was in the UK. The sponsor was an Ahmadi refugee who had got status and applied within 7 days for his wife and children to join him.
The ECO refused his son because he was a couple of months over 18.
The appeal was first done and lost.
It came to me through the excellent solicitors Mordens and I won at the Upper Tribunal. The FTTJ realised that the issues were simple.- was there family life – and if there was family life was the break justified. The Appellant’s sister was very ill and it added a further complexion to the case.
What was important in this case was that the sponsor and his wife were not the youngest nor the best educated and had made statements many years ago, rather than saying that they remembered and adopting them and then being hostages to fortune they said that they could not.
Half way through submissions the Judge noted that the appeal was going to be allowed. The sponsors could hardly believe what had happened.
The key issue in this case was that they told the truth. Had they lied or tried to make something up they would have surely lost. They did not. They stuck to their account and then the appeal was successful.
I would urge anyone who is giving evidence to stick to the truth. Even if you feel foolish better to be believed than to have the Judge disbelieve someone because they hear people every day of the week.
If you or a family member has any immigration problem please come and tell me or one of my excellent team and we will do our best to help you.
Another happy account was from that of a colleague, my first pupil and now successful tenant Jay Gajjar who had a difficult case where there were allegations of dishonesty and who wanted ILR. On the face of it looked really difficult, it raised paragraph 322(5) yet was won without any JR or appeal, his BRP and that of his family turned up in the post.
I cannot think of a nicer or more honest client to have got ILR without all the additional cost or trouble.
Again, I cannot help but state, if you have a problem come and see us, tell us the truth, we are on your side and will do all we can to win your case. So far we win. We play hard and we play fair. I have being doing immigration since 1999 and have seen many changes.
Paul Turner is a highly regarded direct access immigration barrister who practices in London and is the head of the rapidly growing Imperium Chambers.