Miao v Secretary of State for the Home Department

Miao v Secretary of State for the Home Department

It is properly arguable that the immigration judge erred in law by not adequately considering the Family Reunion Policy and its application to the applicant's circumstances.

Parties
Claimant/appellant: Chengjie Miao; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 November 2005
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Family Reunion Policy, Article 8 ECHR, Immigration Rules
Immigration Law Family Reunion Policy Article 8 ECHR Immigration Rules

Case Brief

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Parties

Chengjie Miao

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether the immigration judge erred in law by failing to adequately consider the Family Reunion Policy
  2. 2 Whether the applicant's circumstances fall within the Family Reunion Policy
  3. 3 Whether Article 8 ECHR can be used to circumvent Immigration Rules

Ratio Decidendi

It is properly arguable that the immigration judge erred in law by not adequately considering the Family Reunion Policy and its application to the applicant's circumstances.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Appeal to be heard by a court of three judges, one with expertise in immigration law