ST (Adoptions, 'overseas' adoptions, para 310)
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What was at stake
The applicant from India disputes the treatment of overseas adoptions under paragraph 310 of the immigration rules.
What the court decided
The Upper Tribunal held that paragraph 310(vi)(a) of the Immigration Rules requires that, at the point the adoption takes place, it be effected by a decision of a competent administrative authority or court, not merely by some lawful process or ceremony; accordingly, evidence of a valid adoption under India's Hindu Adoptions and Maintenance Act 1956 (HAMA) is not by itself sufficient to satisfy para 310(vi)(a), even though such an adoption is recognised as an 'overseas adoption' under the Adoption (Recognition of Overseas Adoptions) Order 2013. It further held that para 310(ix) requires the appellant to prove they were adopted because of the inability of the original parents or current carers to care for them. The Tribunal found the First-tier Tribunal erred in law, notably by failing to factor the recognised overseas-adoption status into its Article 8 proportionality assessment, set aside the FtT decision (preserving some findings), and directed that the decision be remade in the Upper Tribunal.
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