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Francesca Whebell successfully represents Appellant at First Tier Immigration Tribunal

6th October 2015

Francesca Whebell successfully represented an Iraqi female seeking an appeal of the Home Office's decision to refuse her leave to remain under Article 8. 

The Appellant had entered the UK originally on a 6 month student visa during which time she met and married her husband.  She later became pregnant and gave birth to their daughter. At the time of the hearing their daughter was 38 days old and was cared for solely by the appellant whilst her husband worked.

 Following submissions the appeal was allowed on  grounds  that  it was in the best interests of the child for the Appellant to remain. Judge Baker considered it would be unreasonable to require the Appellant to leave her baby in the care of her husband and return to Iraq or  to take her daughter to Iraq to renew her application due to the potential risks. The travel guidance given by the Home Office was accepted following concerns raised by the Appellant's husband in them returning as a family.

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