MK (Somalia) & Ors v Entry Clearance Officer & Anor

MK (Somalia) & Ors v Entry Clearance Officer & Anor

There is no free-standing policy outside the Immigration Rules entitling de facto adopted children to entry clearance for family reunion with a refugee sponsor. The Immigration Rules and associated guidance are exhaustive and any concessionary policy was superseded by the 2000 amendments. Customary international law does not require the UK to allow such family reunion. The appellants' only remaining remedy is under Article 8 ECHR, which must be reconsidered by the Tribunal.

Parties
Appellants: MK (Somalia) & Ors (by their guardian and litigation friend AH); Respondent: Entry Clearance Officer; Intervener: Joint Council for the Welfare of Immigrants
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Civil Appeal / Appeal From Asylum and Immigration Tribunal
Outcome
Appeal dismissed on the free-standing policy issue; case remitted for reconsideration of Article 8 ECHR claim.
Legal Topics
Family Reunion, De Facto Adoption, Customary International Law, Article 8 ECHR
Immigration Law Human Rights Law Family Reunion De Facto Adoption Customary International Law Article 8 ECHR

Case Brief

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Parties

MK (Somalia) & Ors (by their guardian and litigation friend AH)

Appellants

Entry Clearance Officer

Respondent

Joint Council for the Welfare of Immigrants

Intervener

Procedural Posture

Civil Appeal / Appeal From Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether a free-standing policy outside the Immigration Rules entitles de facto adopted children to entry clearance for family reunion with a refugee sponsor
  2. 2 Whether customary international law requires the UK to allow family reunion in cases of de facto adoption
  3. 3 Whether the Immigration Rules or policy guidance provide for de facto adopted children outside paragraph 309A

Ratio Decidendi

There is no free-standing policy outside the Immigration Rules entitling de facto adopted children to entry clearance for family reunion with a refugee sponsor. The Immigration Rules and associated guidance are exhaustive and any concessionary policy was superseded by the 2000 amendments. Customary international law does not require the UK to allow such family reunion. The appellants' only remaining remedy is under Article 8 ECHR, which must be reconsidered by the Tribunal.

Court Disposition

Appeal dismissed on the free-standing policy issue; case remitted for reconsideration of Article 8 ECHR claim.

Orders

  • Appeal dismissed as to existence of free-standing policy for de facto adopted children outside Immigration Rules.
  • Case remitted to the Asylum and Immigration Tribunal for reconsideration of the Article 8 ECHR claim.