FE (Somalia) v Entry Clearance Officer

FE (Somalia) v Entry Clearance Officer

Permission to appeal is granted because it is arguable that the Immigration Rules and policy should not exclude a deserving case where strict compliance was impossible due to circumstances beyond the applicant’s control, and the issue merits appellate consideration.

Parties
Appellant: FE (Somalia); Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
30 June 2008
Procedural Posture
Immigration Appeal / Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Adoption, Immigration Rules, Human Rights Act 1998, Policy Discretion
Immigration Law Human Rights Law Adoption Immigration Rules Human Rights Act 1998 Policy Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

FE (Somalia)

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Permission to Appeal

Legal Issues

  1. 1 Whether the Immigration Rules and policy should exclude a deserving case where the child was not living with the sponsor for 12 months due to circumstances beyond control
  2. 2 Whether the rules can be interpreted compatibly with the Human Rights Act 1998

Ratio Decidendi

Permission to appeal is granted because it is arguable that the Immigration Rules and policy should not exclude a deserving case where strict compliance was impossible due to circumstances beyond the applicant’s control, and the issue merits appellate consideration.

Court Disposition

permission to appeal granted

Orders

  • Application granted
  • Case to be heard by three Lords Justices