The document is a Level 3 immigration law examination paper (November 2016) centred on a fictional client, John, a 45‑year‑old Jamaican overstayer who cares for his British‑citizen sisters’ children, especially a 15‑year‑old nephew with Asperger syndrome. The paper presents 13 exam questions covering (1) the type of immigration application John could make, the procedural steps, and the factual matrix required; (2) a concise legal argument for granting leave under Article 8 ECHR; (3) the expert evidence needed; (4) procedural actions when John is detained and receives a removal notice; (5) immediate ancillary applications; (6) appeal routes, timing, costs and grounds; (7) the effect of a ‘clearly unfounded’ decision and the shift to judicial review; (8) the timeline for naturalisation after a successful claim; (9) dealing with a missed appeal deadline via a time‑extension application; (10) identification of key witnesses; (11) the importance of preparing witness statements; (12) responding to a disputed criminal record document; and (13) the admissibility of new evidence at the hearing, with statutory references. The document also provides model answers for each question, illustrating the expected structure, legal authorities (e.g., Appendix FM, NIAA 2002, FTT(IAC) Rules), and practical advice for a solicitor advising John. The content is instructional, exam‑style, and demonstrates how to apply immigration rules, human‑rights arguments, procedural rules, and evidential strategies in a complex overstayer case.
Topics
Client Profile and Family‑Life Context
Details of John’s personal history, immigration status, family ties, caregiving role for nieces/nephews, especially Mark with Asperger syndrome, and lack of family in Jamaica.