SS (Somalia) & Ors v Entry Clearance Officer

SS (Somalia) & Ors v Entry Clearance Officer

The refusal of entry clearance did not amount to a disproportionate interference with family life under Article 8 ECHR, given the facts that the separation was a result of the mother's voluntary decision, there were no insurmountable obstacles to family life in Kenya, and the Family Reunion Policy did not mandate entry clearance absent compelling compassionate circumstances. Post-decision evidence of deterioration in the children's mental health was inadmissible. There was no material error of law by the Immigration Judge or the AIT.

Parties
Appellants: SS (Somalia) & ORS; Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
05 November 2008
Procedural Posture
Appeal / Judgment on Appeal From Asylum & Immigration Tribunal
Outcome
Appeal dismissed
Legal Topics
Family Reunion Policy, Article 8 ECHR, Proportionality, Refugee Law, Entry Clearance, Judicial Review
Immigration Law Human Rights Law Family Reunion Policy Article 8 ECHR Proportionality Refugee Law Entry Clearance Judicial Review

Case Brief

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Parties

SS (Somalia) & ORS

Appellants

Entry Clearance Officer

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Asylum & Immigration Tribunal

Legal Issues

  1. 1 Whether refusal of entry clearance to join a refugee sibling in the UK was unlawful under the Family Reunion Policy and Article 8 ECHR
  2. 2 Whether the Immigration Judge and AIT erred in law by considering the possibility of UK-based siblings returning to Kenya
  3. 3 Whether post-decision evidence of deterioration in the children's mental health should have been considered

Ratio Decidendi

The refusal of entry clearance did not amount to a disproportionate interference with family life under Article 8 ECHR, given the facts that the separation was a result of the mother's voluntary decision, there were no insurmountable obstacles to family life in Kenya, and the Family Reunion Policy did not mandate entry clearance absent compelling compassionate circumstances. Post-decision evidence of deterioration in the children's mental health was inadmissible. There was no material error of law by the Immigration Judge or the AIT.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No decision made