How Can DNA Testing Help an Immigration Case?
DNA testing is routinely used in immigration cases to prove whether a child under 18 is a biological child of or, in some cases, is related to an individual with a leave to remain in the UK. Most DNA tests for immigration reasons are parentage testing (paternity or maternity) but in some cases a grand parentage or avuncular (whether a child is a nephew or a niece of the sponsor) test is employed to prove an alleged relationship.
When the child is outside the UK, a DNA test is normally arranged by an ECO. In such cases, DNA samples are taken from applicants at a post overseas and sent to a UK-based laboratory together with the samples of the sponsor, which in most cases is taken in the UK. If the child is already in the UK, DNA testing could be conducted in a Home Office-appointed laboratory or arranged privately or via solicitor. The DNA testing report provides an assessment as to the nature of relationship between the tested individuals and states the probability of this relationship.
According to the Home Office guidelines, in assessing DNA reports, the question to be addressed is whether the evidence establishes the relevant relationships on a balance of probability. If a DNA report concludes that the probability of a claimed relationship is at least three-times greater than any other relationship, it should normally be accepted as proof of that relationship without further enquiry. If the probability of the claimed relationship is only twice as likely (or less) than any other relationship, the case is usually reviewed as a whole. However, the Home Office admits that even a low balance of probability in favor of the claimed relationship is substantial evidence and should be accepted unless there is strong evidence to the contrary. If relationship was the sole ground on which the application was refused, and it was later established by means of DNA evidence, the Home Office usually concedes the case.
In cases where several children are to be tested, the fact that some children are related to the claimant does not constitute the evidence in favor of other children who were not tested. The application with regards to the latter will be refused on the ground that there is not enough evidence to support the alleged relationship unless DNA testing results prove otherwise.
When DNA testing proves the alleged relationship, the Home Office usually concedes the application however, in some cases, the Home Office has specific guidelines as to their treatment. This applies to cases when the child is related to only one of the parents, or is not related to them at all.
The immigration law treats a case where a child is related only to one of the parents differently. Treatment will depend on whether the child is related to the mother or to the father.
When the child is revealed to be the biological child of the father but not the mother, the Home Office usually seeks an explanation from the family on the following issues:
whether the child has been brought up and lives with the natural mother or the natural father
whether the child's mother is also seeking entry or whether she qualifies for admission
whether the father had exercised sole responsibility for the child's upbringing
whether the father had a previous undisclosed marriage or is in a polygamous marriage
Providing that the father is not in a polygamous marriage, has exercised the sole responsibility for the child's upbringing, and the child's mother is not seeking entry to the UK, the application is usually conceded by the Home Office.
When the child is related only to the mother, the situation is again different. This is a very delicate case and is usually handled with great sensitivity as the child may be illegitimate and the father may not be aware (even if he saw the DNA report). The impact of a disclosure of adultery could be disastrous for the woman. If the child has been brought up as child of the family he or she is usually admitted.
If DNA testing results indicate that the child is unrelated to the claimant, there may still be grounds for the Home Office to concede the application. If there is evidence that the child has been brought up as a member of the family he or she may be qualified for admission as de facto adopted child. In cases where the child is not a biological child of the parents but is related to them, the child may qualify as a dependant of a relative other than a parent.
DNA technology has significantly improved from the times when it was discovered, and now DNA testing has become a gold standard for cases where the relationship between people needs to be determined. Since 1985, thousands of children have been legally admitted to the UK and hundreds of families have been reunited. This can be largely attributed to Sir Alec Jeffreys' discovery of DNA fingerprinting 20 years ago.
The discovery of DNA fingerprinting 20 years ago has revolutionised the legal profession. Criminal and non-criminal justice systems were handed a very powerful tool to solve crime and resolve civil cases. Understanding how DNA testing can be applied in legal profession will bring benefits to both lawyers and their clients.
Avi was awarded the prestigious Shell Live Wire Entrepreneur of the Year award for his business. Working closely with the charities and various media outlets Avi strives to increase public awareness as to the benefits of DNA testing and the continuing impact that technological advances will have on all our lives.
Learn more about DNA profiling or how you can receive your own free home DNA paternity testing kit.
This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news
In 1986, scientists found a fuel-producing bacterium at the bottom of a Swiss lake. Now, they know how it works - Science Magazine
Using High Altitude Blimp Cell Phone Communication
By allowing high altitude Satellite Type Balloons or Blimps with Cell Phone type communications we could have a tremendous secondary back-up for communication. Also we could use this high altitude blimp to send out frequencies good for health, such as the Earth's frequency of 7.
Remote Control Bacteria; We Can Not Allow That.
Remote Control Bacteria. Why not, we have remote control everything.
Crop Circles and Genetic Knowledge
The crop circle enigma is not always a hoax. I am not able to see how someone could do a massive design overnight in the cases where the plants have their stems broken from within.
UAV Defense, UAV Recovery, Material Research, Infected Birds with Virus Plastic Net
When Manufacturing nets of any type: Going for strength and light weight is a challenge and it has been the compromise of many for so long in the battle to find the strongest net, sheet of plastic to mimic that of a Spider's web we have endured to no end. It is always and shall be for some time one of man's most important conquests in many of his fields of endeavors such as fishing.
Small Attack Submarines, Which Turn Into Hydrofoils and Fly
We propose single man underwater vehicles (attack submarines), which have inflatable Airbags using CO2 cartridges for rapid ascent. The design of these vehicles will encompass bended material, which makes rings underneath resembling typical designs of small hydrofoils.
Earthquakes, Tsunamis, Mudslides: Extreme Events - What Do They Mean?
In lieu of recent, tumultuous occurrences, people are more compelled than ever to discover the mystery of these modern-day, earth-changing events.One day, Earth(1) is experiencing the fourth largest earthquake in a century - a 9.
What are GE and GMO Crops?
Genetically Engineered Organisms and Genetically Modified Organisms, with Monsanto Corporation in the forefront of development. GE crops, including cotton seeds, have genetically modified properties with built-in resistance to herbicides and insects (Bt cotton), and are also called Frankencotton.
Why Dont Moths Fly to the Moon?
Surely, in the days before man invented artificial light, moths would have been attracted to the only light source at night - the moon. Wouldn't they have just kept on flying until they dropped from exhaustion? In fact does this not happen today in sparsely populated areas, where the moon is still the only night-light available?Navigation Sorry to disappoint you, but there is no concrete answer - only theories.
Servicing Missions to the Hubble Space Telescope
The Hubble Space Telescope received its first Service Mission in December 1993. The missions most important objective was to install two devices to fix the Hubble Telescope's vision problem .
Life Under Mars Ice Shelf?
When looking for life on Mars we should be thinking of how life forms on Earth. Not because it will be similar, although it possibly could be, but because we know the things, which inhibit life and the things which help it flourish.
Using Mosquito MEMS to Collect DNA Samples
Soon scientists will have scaled down robotic insects. This is a good thing and most of this technology is being funded for Department of Defense uses as they will have a killer application there indeed.
Travertine is a compacted form of limestone that forms in rivers and hot springs. Water, especially river water, has a lot of minerals in it.
Megaliths and Pole Flips
The changes in the earth magnetic field away from the 7.8 cycle rhythm that it has been for a long time is something that may be a result of the things man has done to the Earth.
Drought Worsened in Some States in 2004; 2005 will be very telling
The drought of the West appears to be the worst in over 500 years. This is what the scientists at the U.
Shooting Down a UAV in Flight
Shooting Down an Enemy UAV so it cannot give away military movement intelligence.We know that with any new innovation in warfare or any new theme that comes along or borrowed technology from another industry to help in the ongoing struggle and conflict of man is short lived.
The Fertilization Process and Implications of Test Tube Babies
Through the wonders of science, infertile couples who were previously unable to bear children, due to reasons such as blocked fallopian tubes, low sperm count, low egg quantities or advanced age of the mother, are now able to conceive through in-vitro fertilization. The results are babies known as test-tube babies which are technically conceived outside the womb.
Astrophysics and Other Universe Sentient Life
ASTROPHYSICS: - Many other entries will deal with knowledge from this truly amazing field of exploration founded in astrology and chaos science before the Ice Age. There is one question we'd like you to consider at this time.
There is a Core at the Center of the Earth; Right?
There are some who would like to discuss why they believe the Earth is hollow and shaped like the inside of two symbols when put together.Most scientists are quick to discount such a notion and call it complete and utter BS.
Is Thought Evident in Plants?
Who would have thought that a plant could be a witness to a crime - and even testify against the perpetrator? Well, it is true! In the early 1970's experiments were done on ordinary houseplants, by researchers who connected a polygraph machine to a plant.An interesting thing happened - the researchers discovered that their plants actually recognized their owners, they responded to being talked to and praised, and they also fainted when exposed to negative thoughts or words, or violence directed at them.
Mini Robots Grid Meteorite Search
We need very much to study meteorites more, but we need more sampling to get this done. One way to do this is to go out hunting for meteorites.
|home | site map | Xray Photography|