Val Easty of the Garden Court Immigration Law Team acted for the family, alongside Raphael Jesurum of 36 Group. Counsel instructed by Duncan Lewis’ Rhiannon Croker and Beth Scott, under the supervision of Lily Parrott.
A First-tier Tribunal ruling has allowed a Ugandan mother to reunite with her three adult children, after the family had been separated for over 15 years.
Judge Wilding allowed all three appeals, finding exceptional circumstances, 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.
Background
The children’s mother, their sponsor, came to the UK in 2010 after fleeing from Uganda. She claimed asylum in 2020, and was granted humanitarian protection in 2023, after a prolonged period of exploitation. Her protection was granted after legal representatives challenged significant delays in the processing of her case.
The three adult children, living in Uganda, lacked a support network and faced local risks, including concerns relating to forced marriage, Female Genital Mutilation (FGM), forced circumcision and threats associated with their father’s tribal connections. They remained entirely dependent on their mother for emotional and financial support.
The children, all Ugandan nationals, had applied for entry clearance under the Family Reunion route. However, if the mother’s protection was granted earlier and was not delayed, they would have been eligible to apply under the route as minors.
In November 2024, the Home Office had refused entry clearance. The Home Office argued that there were insufficient exceptional or compassionate circumstances to justify a grant of leave outside the standard family reunion provisions.
First-tier Tribunal
The legal team 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.
Considering the evidence, the Judge concluded that the appeals should be allowed under both the Immigration Rules and Article 8 of the European Convention on Human Rights (right to respect for private and family life).
