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Country of Decision: United Kingdom
Country of Applicant: Kuwait
Keywords: Best interest of the child, Child Specific Considerations, Dependant (Dependent person), Effective access to procedures, Family member, Family reunification, Family unity (right to), Refugee Status, Relevant Facts, Responsibility for examining application
Judicial review to challenge the failure/refusal of the Secretary of State for the Home Department (“SoS”) to determine the application of the applicant’s spouse and two youngest children for family reunification in the UK on the following grounds: a failure to apply the SoS published policy; irrationality; breach of all the family members’ rights under Art. 8 ECHR; and (regarding the two children in the UK), breach of the duties owed under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”).
The Upper Tribunal found that:
1) the Home Office family...
Date: 25-04-2017
Country of Decision: United Kingdom
Country of Applicant: Congo (DRC), Lebanon, United Kingdom
Keywords: Assessment of facts and circumstances, Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Persecution (acts of), Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sponsor, Well-founded fear
The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge.
The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.
To ensure that their decisions are compatible with the Human Rights Act...
Date: 22-02-2017
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- Best interest of the child 2
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- Assessment of facts and circumstances 1
- Child Specific Considerations 1
- Effective access to procedures 1
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