EU Law – How we protected the rights of a parent to reside in Europe to protect the right of her child
A is a Nigerian national and entered the U.K. as a visitor. She overstayed and had a relationship with a French national working in the U.K. Together they had a child and the child acquired a French passport through her father. A's relationship broke down due to domestic violence and she was housed in a women's refuge. A submitted an Article 8 application (respect for private and family life) which the Home Office refused with no right of appeal. Geo Immigration Consultants Ltd. submitted further representations to the Home Office highlighting its failure to consider the case of Zambrano (best interest of the child). The Home Office initially agreed to reconsider its refusal but another department issued a final refusal and a decision to remove. We lodged an appeal and at the hearing the Immigration Judge gave directions to the Home Office to serve on us and the Tribunal the Home Office decision dealing with the question of the best interest of the child. Unsurprisingly, the Home Office withdrew its decision to refuse.