
Duncan Lewis Solicitors has secured a significant success in the First-tier Tribunal, enabling a mother granted humanitarian protection in the UK to reunite with her three adult children after more than 15 years of separation.
The appeal concerned three Ugandan nationals in their early twenties whose applications for entry clearance under the Family Reunion route were refused by the Home Office in November 2024.
Judge T.S. Wilding allowed all three appeals, finding that exceptional circumstances existed and that the family met the requirements of the Immigration Rules. The Home Office has confirmed that it will not appeal the decision and is now processing the applications for entry clearance.
A Family Separated by Conflict and Delay
The children's mother, the Sponsor, fled Uganda and arrived in the UK in 2010. Following a prolonged period of exploitation, she claimed asylum in 2020 and was eventually granted humanitarian protection in 2023 after legal representatives challenged significant delays in the processing of her case.
Had her protection status been granted sooner, her children would have been able to apply for family reunion as minors. Instead, the delay meant that all three had reached adulthood by the time applications were submitted in June 2024.
Despite being adults, the children remained entirely dependent on their mother for emotional and financial support. They were living in precarious circumstances in Uganda with no meaningful support network and faced risks linked to local conditions, including concerns relating to forced marriage, Female Genital Mutilation (FGM), forced circumcision and threats associated with their father's tribal connections.
Home Office Refusal Challenged
The Home Office accepted that the applicants were the biological children of a person granted protection status in the UK but refused the applications, arguing that there were insufficient exceptional or compassionate circumstances to justify a grant of leave outside the standard family reunion provisions.
Duncan Lewis argued that the family met the requirements of Appendix Family Reunion and that the circumstances of the case were clearly exceptional. The Tribunal agreed.
Judge Wilding found that the mother's support for her children had continued throughout their adulthood and that family life between the Sponsor and her children remained firmly established. The Tribunal further found that all three applicants met the relevant requirements under the Immigration Rules and that the exceptional circumstances threshold had been satisfied.
The Judge concluded that, when all of the evidence was considered together, the appeals should be allowed under both the Immigration Rules and Article 8 of the European Convention on Human Rights.
Outstanding Preparation Praised by the Tribunal
The case was prepared by Rhiannon Croker, Solicitor in Bahar Ata's team, and Beth Scott, Caseworker in Toufique Hossain's team, under the supervision of Solicitor Lily Parrott.
At the hearing, counsel for the Home Office, opposing counsel and the Tribunal all praised the quality and depth of the evidence assembled by the Duncan Lewis team.
The Home Office Presenting Officer remarked that the extensive evidence had made his "job difficult", while Judge Wilding described the appeal as one of the "best prepared and evidenced cases" he had encountered.
The family was represented by Raphael Jesurum, of 36 Group and Val Easty, of Garden Court Chambers.
Duncan Lewis Solicitors
Duncan Lewis Solicitors is one of the UK's leading immigration and public law practices, ranked by both Chambers and Partners and The Legal 500. The firm's specialist immigration teams are renowned for representing vulnerable individuals and families in complex asylum, human rights, family reunion and nationality matters.
The Legal Team
Rhiannon Croker is a Solicitor in Duncan Lewis' Immigration Department, specialising in asylum, human rights and family reunion matters. She regularly represents vulnerable individuals facing complex immigration challenges.
Beth Scott is a Caseworker in Toufique Hossain's team and assists on a wide range of immigration and public law matters, including asylum and human rights claims.
Lily Parrott is a Solicitor in the Immigration Department and supervises complex immigration and protection claims, with particular expertise in asylum and family reunion cases.
Bahar Ata is a Director in the Public Law Department and a highly regarded specialist in asylum, human rights and family reunion law, representing clients in some of the most complex protection claims.