Cenir v Entry Clearance Officer [2003] EWCA Civ 572 (19 March 2003)

Cenir v Entry Clearance Officer [2003] EWCA Civ 572 (19 March 2003)

The adjudicator was entitled, on the evidence, to conclude that the sponsor's prolonged absence, limited involvement in upbringing, and the significant role of other family members meant that sole responsibility was not established under Immigration Rule 297(i)(e). The adjudicator did not err in law or misapply the test for sole responsibility.

Citation
[2003] EWCA Civ 572
Parties
Applicant/appellant: Alberto Cenir; Respondent/respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Sole Responsibility Under Immigration Rules, Entry Clearance for Child of Settled Parent, Interpretation of Paragraph 297(i)(e) Immigration Rules
Immigration Law Sole Responsibility Under Immigration Rules Entry Clearance for Child of Settled Parent Interpretation of Paragraph 297(i)(e) Immigration Rules

Case Brief

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Parties

Alberto Cenir

Applicant/appellant

Entry Clearance Officer

Respondent/respondent

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the sponsor (mother) had 'sole responsibility' for the appellant's upbringing under Immigration Rule 297(i)(e)
  2. 2 Whether the adjudicator applied the correct legal test for 'sole responsibility'

Ratio Decidendi

The adjudicator was entitled, on the evidence, to conclude that the sponsor's prolonged absence, limited involvement in upbringing, and the significant role of other family members meant that sole responsibility was not established under Immigration Rule 297(i)(e). The adjudicator did not err in law or misapply the test for sole responsibility.

Court Disposition

Appeal dismissed

Orders

  • Section 11 order
  • Detailed assessment of the Appellant's Community Legal Services Funding certificate