Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

IMMIGRATION: AS (Somalia) v Entry Clearance Officer [2008] EWCA Civ 149

Sep 29, 2018, 17:37 PM
Slug : as-somalia-v-entry-clearance-officer-2008-ewca-civ-149
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 29, 2008, 04:45 AM
Article ID : 88855

(Court of Appeal; Waller, Sedley and Moore-Bick LJJ; 29 February 2008)

The cousin sponsoring the children's application for entry clearance was a refugee from Somalia who had obtained permission to remain in the UK. The children were Somalian war orphans living in Ethiopia for whom the cousin had accepted financial responsibility. At the time of the application the children were being cared for by the cousin's mother-in-law, but they were then passed to a friend, and by the date of the appeal it was clear that the children were receiving inadequate care in Ethiopia. The immigration judge did not take this change into account; applying the exceptionality test, he rejected the appeal.

When hearing an appeal against refusal of an application for family reunion, the tribunal was only entitled to consider the circumstances at the time of the decision to refuse; it could not take into account any change of circumstances. However, the case was to be remitted for reconsideration applying the test of proportionality, rather than exceptionality. The children were entitled to reapply for entry clearance on basis of their new circumstances.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from