Awan-Legal : Hi
Awan-Legal : Your question states that 'have 3 kids' - sorry are the kids yours or hers?
Awan-Legal : Are the kids British?
Awan-Legal : There is certainly an application you can possibly make/appeal but I would just like to clarify the above first.
Awan-Legal : Which nationality is she? What is your nationality?
Awan-Legal : How old are the children? How long has your sister been in the UK?
Awan-Legal : If the Children are British and your sister plays an important part in their lives such as caring for them, helping taking them to school and back, helping you with them and being a major roles in their lives where her removal from the uk would have a negative impact on them, then she has a strong human rights claim.
Awan-Legal : The case to rely on is ZH Tanzania (2011) which held as follows:
Awan-Legal : The Supreme Court unanimously held that the best interests of the child had to be considered and given paramount weight as part of the assessment of proportionality under Article 8 ECHR. Lord Kerr said at para. 46:“It is a universal theme of the various international and domestic instruments to which Lady Hale has referred that, in reaching decisions that will affect a child, a primacy of importance must be accorded to his or her best interests. This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them. It is not necessary to express this in terms of a presumption but the primacy of this consideration needs to be made clear in emphatic terms. What is determined to be in a child’s best interests should customarily dictate the outcome of cases such as the present, therefore, and it will require considerations of substantial moment to permit a different result.” [Emphasis added]
Awan-Legal : The Home office generally refuse these types of cases and I would suggest getting a good solicitor to help you with this for a good chance of success.
Awan-Legal : Please click accept on my answer and let me know if you have any questions from the above. Kind regards, XXXXX XXXXX