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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My parent's settlement visa refused as per below reasons. We

Resolved Question:

My parent’s settlement visa refused as per below reasons. We meet all major requirement including care requirements.
I have considered whether the particular circumstances set out in your application constitute exceptional circumstances which, consistent with the right to respect for family life contained in Article 8 of the EU human rights, might warrant consideration by the secretary of state of a grant entry clearance to come UK outside requirements of the immigration rules. I accept that this decision may result in limited interference with the Right of Family Life as described in Article 8. However I remind myself that is a QUALIFIED RIGHT, and I am satisfied that the decision is justified and proportionate in the interest of maintaining an effective immigration control.
Please confirm what Qualified Right in terms of Family Life? All of our remaining family members are here in UK. Any advice how shall I respond to this?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Is there aright of appeal?
Kind regards
Customer: replied 2 years ago.

Yes it is. First tribunal hearing date is mid June 2015.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Article 8 is a qualified right, what this means that in certain circumstances public authorities can interfere with the private and family life of an individual. It is not an absolute rights which would mean that regardless of how small the interference if you can provide there is some, the home office would have to issue the visa.
These circumstances are set out in Article 8(2). For the home office to refuse an application on the basis of Article 8 they would need to show that interference is proportionate, in accordance with law and necessary to protect national security, public safety or the economic wellbeing of the country; to prevent disorder or crime, protect health or morals, or to protect the rights and freedoms of others. If they can prove this then the decision taken is correct. If they are unable to prove the above then the application should not have been refused and you can argue the matter at the Tribunal.
You would need to show that as the home office confirmed that there is interference, the level of interference is such that it is not proportionate and in accordance with law.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your reply.

As visa refused in the interest of maintaining effective immigration control. Does this does not come indirectly under any of those interferences (national security, safety, economic, crime, health) stated in Article 8 law?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply and positive rating.
Yes, that is correct, that is why at appeal you have to prove that it is not in the interest of maintaining an effective immigration control to refuse your parents settlement visa. You need to state you case in respect of highlighting issues such as, the effect of refusal on your parents, on you and how it will effect them if they were to remain in their home country.
You need to show the judge all of the above and convince him/her that what you have shown overrides any duty that the home office may have in maintaining immigration control.
I hope this clarifies the matter.
Kind regards
UK_Lawyer and 2 other Law Specialists are ready to help you