Source: All England Reporter
Publisher Citation: [2012] All ER (D) 06 (May)
Neutral Citation: [2012] EWCA Civ 563
Court: Court of Appeal, Civil Division
Judge:

Arden, Toulson and Davis LJJ
Representation Manjit Gill QC and S Chelvan (instructed by South West Law) for the claimant.
  Jonathan Hall (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 1 May 2012

Catchwords

Immigration - Leave to enter - Adoption - De facto adoption - Claimant being national of Somalia - Claimant being separated from family during fighting and living with brother-in-law for number of years - Brother-in-law being granted asylum in United Kingdom - Claimant being refused entry clearance - Claimant's appeal to tribunal being allowed on human rights ground but dismissed on ground claimant not de facto adoptive child of brother-in-law - Whether tribunal erring in construction of Immigration Rules - Immigration Rules (HC 251) paras 6, 309A, 352D.

The Case

Immigration Leave to enter. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that, on the true construction of the Immigration Rules (HC 251), para6 and, therefore, para309A applied to para352D in determining whether a child was an adopted child of the parent who had been granted asylum.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases