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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: Slovenia
Country of Applicant: Somalia
Keywords: Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Sponsor
The State is obliged to adopt legislation which allows the refugee to actually exercise the right to respect for family life in its territory. Under Article 53(3) of the Constitution of the Republic of Slovenia the scope of family life firstly includes the nuclear family and secondly, where specific factual circumstances dictate, members of the family who are not nuclear but who are similar or perform the same function.
The legislator limited the right to family reunification by enacting an exhaustive definition of eligible family members for reunification, excluding any other form...
Date: 14-01-2015
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- EN - Charter of Fundamental Rights of the European Union 1
- EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003 1
- EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 1
- EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011 1
- EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003 1
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- Family unity (right to) 2
- Child Specific Considerations 1
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- Refugee Status 1
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- Responsibility for examining application 1
- Sponsor 1
