Sayaniya, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 924 (15 June 2001)

Sayaniya, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 924 (15 June 2001)

The applicant failed to demonstrate that her circumstances amounted to 'the most exceptional compassionate circumstances' as required by rule 317(i)(f), and there is no incompatibility between this rule and Article 8 ECHR. The adjudicator's findings were reasonable and the judge was entitled to dismiss the judicial review.

Citation
[2001] EWCA Civ 924
Parties
Claimant/applicant: Kailashben Chhotala Sayaniya; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Judicial Review (immigration) / Application for Permission to Appeal (court of Appeal)
Outcome
Application refused
Legal Topics
Indefinite Leave to Enter, Rule 317 Immigration Rules, Article 8 ECHR, Exceptional Compassionate Circumstances, Judicial Review
Immigration Law Human Rights Law Indefinite Leave to Enter Rule 317 Immigration Rules Article 8 ECHR Exceptional Compassionate Circumstances Judicial Review

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Parties

Kailashben Chhotala Sayaniya

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the applicant met the requirements of rule 317(i)(f) of the Immigration Rules for indefinite leave to enter as a dependent relative
  2. 2 Whether the interpretation and application of rule 317(i)(f) is compatible with Article 8 of the European Convention on Human Rights

Ratio Decidendi

The applicant failed to demonstrate that her circumstances amounted to 'the most exceptional compassionate circumstances' as required by rule 317(i)(f), and there is no incompatibility between this rule and Article 8 ECHR. The adjudicator's findings were reasonable and the judge was entitled to dismiss the judicial review.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicant's costs