Source: All England Reporter
Publisher Citation: [2003] All ER (D) 338 (May)
Neutral Citation: [2003] EWHC 1198 (Admin)
Court: Administrative Court
Judge:

Maurice Kay J
Representation Stephanie Harrison (instructed by Wilson & Co) for the claimant.
  Ashley Underwood QC and John Paul Waite (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 23 May 2003

Catchwords

Immigration - Asylum - Asylum-seeker - Applications for asylum - Removal - Separation of families - Dependant making individual claim for asylum following initial claim by parent - Ability of claimant to rely on dependant's claim for purpose of policy operated by Secretary of State - Asylum Rules, r 349.

The Case

Rule 349 of the Asylum Rules contemplated two separate situations in relation to dependants. In the first, the dependant was included in the claim of the principal applicant, and would obtain leave to enter or remain, but not refugee status if the principal applicant was granted asylum. In the second, the dependant claimed asylum in her own right, whether at the same time as the claim of the principal applicant or subsequently. If successful, the dependant would acquire refugee status, and not simply a parasitic leave to remain. In that latter case, an unmarried minor child would be 'in the UK as an asylum seeker' until the Secretary of State had made an initial decision on the application for the purposes of his policy on family ties in the UK.

Practice Areas

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