AQ (Kenya) v Entry Clearance Officer

AQ (Kenya) v Entry Clearance Officer

The Tribunal's findings that the appellant was not in a dire situation and not dependent on the sponsor were perverse and irrational, failing to properly consider evidence of financial and emotional dependency and the appellant's inability to live elsewhere; the appeal should be allowed and reconsidered by a...

Source-derived case information.

Parties
Appellant: AQ (Kenya); Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Immigration Appeal / Appeal From Asylum and Immigration Tribunal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Entry Clearance, Child Reunification, Immigration Rules Paragraph 297, Burden of Proof, Refugee Status
Immigration Family Law Entry Clearance Child Reunification Immigration Rules Paragraph 297 Burden of Proof Refugee Status

Source-derived case record

Summary, issues, holding and outcome

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Parties

AQ (Kenya)

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant satisfied the requirements of Immigration Rules paragraph 297(i)(f)(iii)
  2. 2 Whether there were serious and compelling family or other considerations making exclusion undesirable
  3. 3 Whether the appellant was not leading an independent life and had not formed an independent family unit

Ratio Decidendi

The Tribunal's findings that the appellant was not in a dire situation and not dependent on the sponsor were perverse and irrational, failing to properly consider evidence of financial and emotional dependency and the appellant's inability to live elsewhere; the appeal should be allowed and reconsidered by a differently constituted Tribunal.

Court Disposition

appeal allowed

Orders

  • Order for reconsideration before a differently constituted Asylum and Immigration Tribunal
  • AIT to list reconsideration as soon as reasonably practicable