Khatoon, R (on the application of) v The Entry Clearance Officer, Islamabad & Anor

Khatoon, R (on the application of) v The Entry Clearance Officer, Islamabad & Anor

Paragraph 27 of the Immigration Rules does not require treating an applicant as under 18 at the time of decision if they were under 18 at application; it only prevents refusal solely on the ground of turning 18 between application and decision. There was no obligation on the tribunals to consider Article 8 ECHR where it was not raised and no obvious Convention point arose.

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 Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Entry Clearance, Immigration Rules Paragraph 27, Immigration Rules Paragraph 297, Article 8 ECHR, Section 55 Borders, Citizenship and Immigration Act 2009, Section 85 Nationality, Immigration and Asylum Act 2002
Immigration Law Human Rights Law Entry Clearance Immigration Rules Paragraph 27 Immigration Rules Paragraph 297 Article 8 ECHR Section 55 Borders, Citizenship and Immigration Act 2009 Section 85 Nationality, Immigration and Asylum Act 2002

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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 Judgment on Appeal From High Court

Legal Issues

  1. 1 Proper interpretation of paragraph 27 of the Immigration Rules regarding age at decision
  2. 2 Whether Article 8 ECHR required consideration by the tribunals in the circumstances

Ratio Decidendi

Paragraph 27 of the Immigration Rules does not require treating an applicant as under 18 at the time of decision if they were under 18 at application; it only prevents refusal solely on the ground of turning 18 between application and decision. There was no obligation on the tribunals to consider Article 8 ECHR where it was not raised and no obvious Convention point arose.

Court Disposition

Appeal dismissed