IA & Ors v Secretary of the Home Department

IA & Ors v Secretary of the Home Department

The correct test for family life between adult siblings under Article 8(1) ECHR is the existence of 'additional elements of dependence, involving more than normal emotional ties'. The tribunals applied a lower, incorrect test based on 'real, committed or effective support'. On the facts, no sufficient dependency...

Source-derived case information.

Parties
Applicants/respondents/appellants (the Family): IA, RE, KA, SA, HA, AA; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 November 2025
Procedural Posture
Appeal (immigration/human Rights) / Court of Appeal Judgment on Appeal From Upper Tribunal (immigration and Asylum Chamber)
Outcome
Appeal allowed on grounds 1 and 3 and in part on ground 2. Decision of the Upper Tribunal set aside. Remade decision: no family life existed under Article 8(1); even if it had, refusal of entry clearance was not disproportionate.
Legal Topics
Article 8 ECHR (right to Family Life), Entry Clearance, Family Reunification, Proportionality, Jurisdiction Under ECHR, Best Interests of the Child, Immigration Rules, Public Interest in Immigration Control
Immigration Law Human Rights Law Administrative Law Article 8 ECHR (right to Family Life) Entry Clearance Family Reunification Proportionality Jurisdiction Under ECHR +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

IA, RE, KA, SA, HA, AA

Applicants/respondents/appellants (the Family)

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Appeal (immigration/human Rights) / Court of Appeal Judgment on Appeal From Upper Tribunal (immigration and Asylum Chamber)

Legal Issues

  1. 1 What is the correct test for establishing 'family life' under Article 8(1) ECHR between adult siblings?
  2. 2 Did the tribunals apply the correct legal test for family life?
  3. 3 Should the Article 8 rights of family members outside the UK be weighed in the proportionality balance?

Ratio Decidendi

The correct test for family life between adult siblings under Article 8(1) ECHR is the existence of 'additional elements of dependence, involving more than normal emotional ties'. The tribunals applied a lower, incorrect test based on 'real, committed or effective support'. On the facts, no sufficient dependency existed between the sponsor and the family to constitute family life under Article 8(1). Even if family life had existed, the proportionality balance under Article 8(2) would have required very exceptional or compelling circumstances to justify entry clearance outside the Immigration Rules, which were not present. The best interests of the children and the risks in Gaza, while...

Court Disposition

Appeal allowed on grounds 1 and 3 and in part on ground 2. Decision of the Upper Tribunal set aside. Remade decision: no family life existed under Article 8(1); even if it had, refusal of entry clearance was not disproportionate.

Orders

  • Appeal allowed; Upper Tribunal decision set aside.
  • Remade decision: no family life under Article 8(1) between sponsor and family.