Khatoon, R (on the application of) v The Entry Clearance Officer, Islamabad & Anor [2014] EWCA Civ 1327 (09 May 2014)

Khatoon, R (on the application of) v The Entry Clearance Officer, Islamabad & Anor [2014] EWCA Civ 1327 (09 May 2014)

Paragraph 27 of the Immigration Rules does not require an applicant who turns 18 between application and decision to be treated as under 18 at the date of decision; it only prevents refusal solely on that ground. There was no obligation on the tribunals to consider Article 8 ECHR where it was not raised and no obvious factual basis existed.

Citation
[2014] EWCA Civ 1327
Parties
Claimant/appellant: Sarah Khatoon; First Defendant/respondent: The Entry Clearance Officer, Islamabad; Second Defendant/respondent: The Upper Tribunal (Immigration and Asylum Chamber)
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Entry Clearance, Immigration Rules Paragraph 27, Article 8 ECHR, Best Interests of the Child, Judicial Review, Interpretation of Immigration Rules
Immigration Law Human Rights Law Entry Clearance Immigration Rules Paragraph 27 Article 8 ECHR Best Interests of the Child Judicial Review Interpretation of Immigration Rules

Case Brief

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Parties

Sarah Khatoon

Claimant/appellant

The Entry Clearance Officer, Islamabad

First Defendant/respondent

The Upper Tribunal (Immigration and Asylum Chamber)

Second Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court

Legal Issues

  1. 1 Proper interpretation of paragraph 27 of the Immigration Rules regarding age at date of application versus decision
  2. 2 Whether Article 8 ECHR required consideration by the tribunals in the absence of it being raised or clear factual basis

Ratio Decidendi

Paragraph 27 of the Immigration Rules does not require an applicant who turns 18 between application and decision to be treated as under 18 at the date of decision; it only prevents refusal solely on that ground. There was no obligation on the tribunals to consider Article 8 ECHR where it was not raised and no obvious factual basis existed.

Court Disposition

Appeal dismissed