Please help me with the following query, I will try to make it brief and easy to read.
Below is an argument that will be in my statement please tell me if it is legally right:
“I think I qualify under 276ADE (1) (vi) because there would be very significant obstacles to my integration into my home country if I would be required to leave the UK in the same way as in paragraph 71 and 72 of this UT case law; https://tribunalsdecisions.service.gov. ... 14008-2013
Like in the case above I have no friends and no family in my home country. I have no employment, no accommodation and no work experience in my home country.‘71. If I am wrong in concluding that the Immigration Rules introduced on 9th July 2012 should not be considered, my finding would be that the Appellant could not succeed under paragraph 276ADE(vi) which was in force at the date of refusal which provided that the Appellant would have to prove she had no ties to Russia. I would have found that the appeal could not succeed on that basis, as the Appellant had lived in Russia for the greater part of her life, and was 21 years of age when she left and was educated to degree level in Russia, and speaks Russian’.
‘72. If I had considered paragraph 276ADE(vi) as at the date of hearing, which provides that she would be entitled to succeed if there would be very significant obstacles to her integration into Russia I would have found in her favour. This is because I believe that there would be very significant obstacles if the Appellant had to return to Russia. She has no friends and no family. She has no employment and no accommodation. She has no work experience in Russia. On that basis I would have allowed her appeal’.
I attached some evidence to prove it is difficult to get employment in my home country.
I think my argument above is proportionate because I was born in the UK (after 1983) and I have strong ties in the UK; siblings, uncles, aunties, nieces and nephew all British like in the case law above. After we were born I and my siblings spent some time in the UK as children then we went to complete primary school in our home country, they came back to the UK in their secondary school years but I was the only one who stayed on to complete secondary school in my home country… About 12 years ago I came to study in the UK and I have been here with my mum, brother and sister (all my family) and I have always actively tried to regularise my stay. My argument is also proportionate because my refusal of 2006 (which caused the break) was caused by a sham school and an error of law on the part of the HO at that time a fact which the Judge also accepts partially in his decision and reasons.”
Moderators please tell me if my argument is legally right or viable. Thank you.
