Begum & Ors, R (On the Application Of) v The Entry Clearance Officer, Dhaka

Begum & Ors, R (On the Application Of) v The Entry Clearance Officer, Dhaka

The court found, on a balance of probabilities, that the claimants' marriage and birth certificates were genuine and that they had established their claimed relationships to Fazlur Rahman. Therefore, both claimants are entitled to Certificates of Entitlement to the Right of Abode in the UK. The Entry Clearance Officer's refusals were unlawful and are quashed.

Parties
Claimant: Shamsun Nahar Begum; Claimant: Meheruba Rahman; Defendant: Entry Clearance Officer, Dhaka
Jurisdiction
England and Wales
Judgment Date
05 September 2019
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Judicial review allowed; decisions quashed
Legal Topics
Right of Abode, Certificate of Entitlement, Document Authenticity, Burden of Proof, Judicial Review Procedure
Immigration Law Nationality Law Administrative Law Right of Abode Certificate of Entitlement Document Authenticity Burden of Proof Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Shamsun Nahar Begum

Claimant

Meheruba Rahman

Claimant

Entry Clearance Officer, Dhaka

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimants' marriage and birth certificates are genuine and establish their claimed relationships to Fazlur Rahman
  2. 2 Whether the Entry Clearance Officer's refusal of Certificates of Entitlement was lawful

Ratio Decidendi

The court found, on a balance of probabilities, that the claimants' marriage and birth certificates were genuine and that they had established their claimed relationships to Fazlur Rahman. Therefore, both claimants are entitled to Certificates of Entitlement to the Right of Abode in the UK. The Entry Clearance Officer's refusals were unlawful and are quashed.

Court Disposition

Judicial review allowed; decisions quashed

Orders

  • The ECO’s decisions of 18 August 2017 refusing the claimants’ applications for Certificates of Entitlement are quashed.
  • The claimants are entitled to Certificates of Entitlement to the Right of Abode in the UK.