Source: All England Reporter
Publisher Citation: [2008] All ER (D) 223 (Jan)
Court: Court of Appeal, Civil Division

Buxton, Hooper and Hallett LJJ

Representation Mohammed Hay (instructed by Chase Christopher Roberts) for the appellants.
  Charles Bourne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 January 2008


Immigration - Leave to remain - Leave to remain as child of parent, parents or relatives present and settled in United Kingdom - Relative - Immigration judge finding that appellants failing to establish asserted relationship with 'relative' - Whether judge in error - Immigration Rules, r 298(i).

The Case

In all the circumstances, an immigration judge had been entitled to conclude on the evidence before him that third parties were not 'relatives' of the appellants so as to entitle the latter to indefinite leave to remain under r298(i)(d) of the Immigration Rules.

Practice Areas

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