Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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...
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

IMMIGRATION: SB (Bangladesh) v Secretary of State for the Home Department [2007] EWCA Civ 28

Sep 29, 2018, 16:30 PM
Slug : sb-bangladesh-v-secretary-of-state-for-the-home-department-2007-ewca-civ-28
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 31, 2007, 07:38 AM
Article ID : 85237

(Court of Appeal; Ward, Neuberger and Gage LJJ; 31 January 2007)

The mother of two children with the right to remain in the UK, aged 22 and 16, sought indefinite leave to remain. The mother had initially entered under a visa obtained with false information; the mother was the second wife of the children's father, who had moved to the UK with his first wife many years before. The mother's six children had all moved to the UK over the years, living with the father until reaching adulthood. The father had now died, and his widow was unwilling for the two remaining stepchildren to stay with her. The Asylum and Immigration Tribunal rejected the mother's claim that her removal would be a disproportionate interference with her Art 8 rights, commenting that a properly structured application for leave to enter the UK by the mother, after she had returned to Bangladesh, ought to be accepted by an entry clearance officer.

When deciding whether the removal of the mother to Bangladesh would be disproportionate, that is whether her case was truly exceptional, the Tribunal should not have carried out or taken into account their own assessment of her prospects of coming back into the UK on an indefinite basis pursuant to an application for entry clearance made in Bangladesh. The case would be remitted to the Tribunal for reconsideration.

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