Tom Tabori successful on behalf of five Nepalese appellants in entry clearance appeals, brought on Immigration Rules and Article 8 grounds

Tom Tabori successful on behalf of five Nepalese appellants in entry clearance appeals, brought on Immigration Rules and Article 8 grounds


CategoryNews Author Tom Tabori Date

In the first appeal, the Home Office (via ECO and ECM) had refused entry clearance to the wife and two children of the sponsor, on grounds that the sponsor and First Appellant had not shown that (i) they were validly married, (ii) there was a subsisting relationship since the Sponsor had left Nepal, and (iii) they had not shown that they intended to live permanently together in the UK. Each of these findings were overturned on appeal, and it was also found that it was not “in the interests of the public or in the spirit of Article 8 to support the unnecessary separation of this family”.

In the second appeal, two Nepalese sisters had been refused entry clearance on grounds that (i) it had not been shown that the sponsor was the biological mother of either Appellant; and (ii) additionally, even if she was, their father was still alive and she didn’t have sole responsibility for the Appellants. Decision overturned on both fronts.


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