Article 8 appeal.

[kalakala]

Hi I do have an 1st trial tribunal appeal coming up soon based on my british spouse and children, however I am preparing my case bundle.
I have cited a few case laws based on article 8.

Could anyone help me with a few case laws that cites a child's best interest and family's best interest?

I look forward to your help.

Thank you

[Obie]

it will first depend on whether you qualify under any provision of the immigration rules, if yes, which provision, and if no, whether there are exceptional circumstances. What public interest factor the Secretary of state is relying on.

In the absence of that, it would be difficult to advice you on caselaw, as there are wide categories of cases covered by article 8.

[kalakala]

Thanks Obie for your prompt reply.
basically here's my story in few words.

I came to Uk 5 years ago under Tier 4. I met my spouse 2 years ago she has a child from a previous relationship. I applied on 1st July 2012 for article 8 (just before new rules on 9 July) as a husband and father to my step son, I got married and sent them marriage certificate.

Home office refused my application a year later saying i am not married to my spouse I guess they were just ignorant and didn't even bother to find my marriage certificate, they didn't bother to ask me either.

I appealed which I will be going to court soon, fortunately for me, we had a baby boy this year, and I feel that makes my appeal stronger.

I have given few reasons home office is wrong as we are married they failed to properly check if we were married or not.
I am citing my spouse and kids are british citizens and have a right to family life here.
I am also citing best interest of a child as it will be inappropriate for me to leave my new baby which is devastating.
In my country of origin there is also unrest and kidnapping of children which is so scary I don't even want to take my child back home.
lastly i also cited it is unreasonable for me to take my family back home as my spouse has a child from another relationship and my stepsons biological dad won't allow his child to leave the country.

I have cited the following case laws:
ZAMBRANO CASE AND PRINCIPLES
ZH (TANZANIA) V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2011] UKSC 4
GOUDEN(SUBSISTING MARRIAGE-EVIDENCE) SUDAN[2012] UKUT00041(IAC)

Do I stand a good chance in winning this appeal?

I look forward to your help.

Thank you