In August 2011 Gherson represented four citizens of Israel in a successful appeal to the First Tier Tribunal (Immigration and Asylum Chamber) against the entry clearance officer (ECO), Tel Aviv Israel.
The appellants had appealed against the decision of the ECO in January 2011 to refuse them entry clearance as children of a Points-Based System migrant under paragraph 319 H (f) of the Immigration Rules.
The ECO was not satisfied that there were serious or compelling family considerations justifying the grant of visas. This was because the decision to relocate to the UK was completely of the mother’s own volition and although the nature of parenting care may change, the family circumstances could not be described as exceptional.
All four appellants were children under the age of 11. Their mother had obtained an investor visa for the UK and she wished to come to the UK with her four children. Their father intended to follow in three years when he had wound down his business in Israel.
The Home Office at the appeal conceded that the ECO had not considered whether there were any other considerations which would make it desirable not to refuse the application as required by 319 H (f). It was accepted by the presenting officer that there were other considerations present in this case.
The Tribunal found that the parents’ plan to emigrate to the UK in stages “was perfectly reasonable” and that it was “only natural” that the mother would want to have her young children with her until her husband had wound up his law practice. It was held that this was covered by the phrase “other considerations which would make it desirable not to refuse the application”.