The mother who is a Bangladeshi National and has 2 infant children who hold British Passport.
The UKBA did not take into account all the relevant factors and the supporting documents sent by the Social Services, Health Visitors, School and UK family members.
The UKBA also failed to take in to account the time she spent to regularise her immigration status via Domestic Violence (refused), Juridical Review (refused) and finally the Article 8.
" she has been residing in the UK for approximately 5 years, therefore, the Secretary of State does not believe that in this time she has established a private and family life whilst in the United Kingdom under the provisions of Article 8."
Separation from her children will normally constitute an interference with the right to respect her family life, because she has children living and settled (attending school in the UK), and her deportation is a violation of Article 8?
Can anyone comment on the best course of action as the mother has used different solicitor for each of the above and none of them is getting the result she want that is to remain in the UK with her children.
NOTE: She came to the UK under a marriage visa and suffererd DV while she had children. The UKBA are saying she is an over stayer and did not regularise her immigration status while her husband and in laws trying to excerise control over her and she had to leave the house for her own safety/children.
The children father no longer play any active part in their life for the past 3 years (since she left the house).
