EDAL case summaries
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
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- Best interest of the child 1
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