RO (India) v Entry Clearance Officer
There was no error of law in Immigration Judge Graham’s finding of family life and her proportionality assessment under Article 8 ECHR. The historical discrimination under the special quota voucher scheme was a relevant and weighty factor. The appeal should be allowed and the original decision restored.
- Parties
- Appellant: RO (India); Respondent: Entry Clearance Officer
- Jurisdiction
- England and Wales
- Judgment Date
- 29 October 2008
- Procedural Posture
- Immigration Appeal / Appeal From Asylum & Immigration Tribunal to Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Article 8 ECHR, Family Reunification, Immigration Rules, Historical Discrimination
Case Brief
Summary, issues, holding and outcome
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Parties
RO (India)
Appellant
Entry Clearance Officer
Respondent
Procedural Posture
Immigration Appeal / Appeal From Asylum & Immigration Tribunal to Court of Appeal
Legal Issues
- 1 Whether refusal of entry clearance to adult children to join their mother in the UK breached Article 8 ECHR
- 2 Whether Immigration Judge Graham made an error of law in allowing the appeal under Article 8
- 3 Whether historical discrimination under the special quota voucher scheme should be given weight
Ratio Decidendi
There was no error of law in Immigration Judge Graham’s finding of family life and her proportionality assessment under Article 8 ECHR. The historical discrimination under the special quota voucher scheme was a relevant and weighty factor. The appeal should be allowed and the original decision restored.
Court Disposition
appeal allowed
Orders
- Appeal allowed; Immigration Judge Graham’s decision restored; nothing to remit to the AIT
Full Case Text
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