Khatoon v The Entry Clearance Officer Islamabad

Khatoon v The Entry Clearance Officer Islamabad

Neither the First-tier Tribunal nor the Upper Tribunal made a material error of law; the claimant was an adult at the date of decision, there was no obligation to consider her as a child, and no obvious or strong Article 8 claim was before the tribunals.

Parties
Claimant: Sarah Khatoon; First Defendant: The Entry Clearance Officer, Islamabad; Second Defendant: The Upper Tribunal (Immigration & Asylum Chamber)
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Entry Clearance, Judicial Review, Article 8 ECHR, Immigration Rules, Appeals Procedure
Immigration Law Human Rights Law Administrative Law Entry Clearance Judicial Review Article 8 ECHR Immigration Rules Appeals Procedure

Case Brief

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Parties

Sarah Khatoon

Claimant

The Entry Clearance Officer, Islamabad

First Defendant

The Upper Tribunal (Immigration & Asylum Chamber)

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the First-tier Tribunal and Upper Tribunal erred in law by not treating the claimant as a child under 18 at the material time
  2. 2 Whether failure to consider Article 8 ECHR was a material error of law
  3. 3 Whether the tribunals were required to consider human rights issues not expressly raised

Ratio Decidendi

Neither the First-tier Tribunal nor the Upper Tribunal made a material error of law; the claimant was an adult at the date of decision, there was no obligation to consider her as a child, and no obvious or strong Article 8 claim was before the tribunals.

Court Disposition

Claim dismissed