E v Secretary of State for the Home Department [2006] EWCA Civ 835 (01 June 2006)

The point regarding the Article 8 family life claim and the application of DP3/96 is sufficiently arguable to justify granting permission to appeal, as the AIT may have erred in not considering the position of the applicant's stepson and in not allowing further evidence or submissions.

Citation: [2006] EWCA Civ 835
Parties: Claimant/applicant: E; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 01 June 2006
Procedural Posture: Asylum Appeal / Application for Permission to Appeal to Court of Appeal From AIT
Outcome: permission to appeal granted
Legal Topics: Asylum, Article 8 ECHR, Family Life, Immigration Rules Dp3/96

Immigration Law Human Rights Law Asylum Article 8 ECHR Family Life Immigration Rules Dp3/96

Case Brief

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Parties

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Asylum Appeal / Application for Permission to Appeal to Court of Appeal From AIT

Legal Issues

1 Whether the AIT erred in law by not considering the Article 8 family life claim relating to the applicant's stepson B
2 Whether the AIT erred in its application of DP3/96 and in not allowing further evidence or submissions on B's position

Ratio Decidendi

Court Disposition

permission to appeal granted

Orders

Permission to appeal granted on both the main Article 8/DP3/96 issue and the minor issue regarding the marriage application reference.
Appeal to be heard by three judges, one of whom may be a High Court judge.