Views on leave to remain appeal case

[Johndoe67812]

Hi All

I would like some views on the case of someone, here are the facts.

Appellant arrived in country on working holiday visa in 2008 and has been in UK since. In 2014, married. The Marriage broke down in 2016, they have a child that lives with the mother (child is 3 years old) now.

Apellant applied for contact order through the courts and also made application for leave to remain on the basis of family and private life. The case was refused on basis of limited documents submitted. was granted contact order after case, the order said appellant to see child in contact centre every month over 6 months and then couple should decide what happens first viewing at contact centre dec 2017.

The appellant has a hearing for refusal, they have provided evidence of seeing child at centre since 2017 and DNA test confirming that its his child.

Just wondering is to likely to fail at court on the basis of child still being young and appellant only seeing child 2 or 3 times at contact centre since December 2017.

Thanks

[Johndoe67812]

Hi

Sorry to send another post but can anyone possibly offer their views or advice on this. The case is early next week and the appellant is quite confident of positive outcome. Just want an idea as to whether his expectations need to be managed.

Thanks

[Londoner007]

There is a family life and the child has regular contact with the father. However, you said he came here on working holiday visa in 2008, did he regularise his stay here? They may ask why did he enter into relationship and even have a child when he very well knew he was not a regular citizen here, if he has no immigration status.

[Johndoe67812]

Thanks for reply Londoner007

He made some sort of application for leave to remain in 2013 but that was refused with no right of appeal. So hasn’t regularised his status.

He’s only seen child couple of times in contact centre since dec 2017. Is this enough to be deemed family life and regular contact. The contact order said meet 6 times at contact centre over 6 months and then both parties will decide how contact will be thereafter.

Thanks

[Londoner007]

Very difficult to tell without knowing the whole case in detail and way beyond the scope of this forum to judge on such a sensitive case.

They may look at things like reason for breakup for marriage - i.e. if any domestic violence. Has the mother re-married, has she got a new partner and now settled etc etc. Apart from child what other private life has he established in UK?

They will ask about contact with child pre- dec 17. They will definitely look at his immigration history.

Judge probably would have seen it differently if he was on spouse visa and marriage broke down before FLR or ILR and of course a child being involved. But now he has no partner, no visa. Just the child. Judge may rule best interest of the child is to be with the mother and father is not required.

I cannot comment further at all as It is way beyond my limited knowledge of Human Rights claims etc, I do not want to comment any further and mislead - All I will say is all the best and lets hope there is a Just Judge who decides on the best outcome for the child who will be mostly affected here (which will be the priority anyway).

[Johndoe67812]

Thanks for your detailed response Londoner007, very useful to know.