UI2024001671

As the appellant is a child, pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.

            The appellant was born on 1 September 2018 and is a national of Uganda. On 23 June 2022, an application was made on his behalf for entry clearance to the UK with a view to settlement as an adopted child.

            The application was refused by the respondent for reasons set out in a decision dated 23 November 2022. The appellant's appeal against that decision was dismissed by First-tier Tribunal ("FtT") Judge Doyle ("the judge") for reasons set out in a decision promulgated on 30 November 2023.

            The judge said at paragraph [7] that the question in this appeal is whether the refusal breaches the appellant's right to respect for private and family life under Article 8 ECHR. The appellant's claim is summarised at paragraph [8] of the decision.

"The Appellant says that he meets the requirements of paragraph 309A of the immigration rules. The appellant's parents adopted him in Uganda. The Adoption (Recognition of Overseas Adoptions)(Scotland) Regulations 2013 prevents that adoption from being recognised in UK law, but the appellant says that he is the child of a de facto adoption. The appellant says that the respondent's decision has unjustifiably harsh consequences because it separates him from his parents, who are in the UK. The appellant says that the respondent's decision breaches the right to respect for family life."