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MK (Somalia) and others -v- Entry Clearance Officer and Anot

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MK (Somalia) and others -v- Entry Clearance Officer and Anot

Postby dls » Mon Jun 02, 2014 9:09 am

MK (Somalia) and others -v- Entry Clearance Officer and Another - CA - 19-Dec-2008 - Waller LJ, Thomas LJ, Maurice Kay LJ (Bailii, [2008] EWCA Civ 1453, Times, [2009] 2 FLR 138, [2009] Imm AR 386, [2009] Fam Law 196) - Immigration - Children - Human Rights
The appellants' mother had been thrown into a well after resisting attempts to rape her. They had then been cared for by another family member who had, along with her natural children been granted asylum here. They appealed refusal of asylum. They could not bring themselves with rule 27. They said that the sponsor was their de facto family, and that their Article 8 rights were infringed, relying on customary international law. The appellants argued that a ministerial statement as to policy extensions survived the later introduction of new rules.
Held: The statement had not considered de facto adoption. That issue had been addressed under the 2000 Rules which superceded any previous policy, and there was no free-standing policy operating outside the Immigration Rules which accrued to the particular advantage of de facto adoptive children who fall outside paragraph 309A.
However the applicants' article 8 case had not been properly considered by the AIT, which might find this a compelling case. The case was remitted accordingly.
Statutes:
European Convention on Human Rights s. 8
Immigration Rules 2000

Cases Cited:
AS (Somalia) and Another -v- Entry Clearance Officer, Addis Ababa and Another CA 29-2-2008 (Bailii, [2008] EWCA Civ 149, Times 14-Apr-08)

Cited by:
Mahad (Previously referred to as AM) (Ethiopia) -v- Entry Clearance Officer SC 16-12-2009 (Bailii, [2009] UKSC 16, SC Summ, UKSC 2009/0084, UKSC 2009/0116, UKSC 2009/0095, UKSC 2009/0120, UKSC 2009/0085, SC, SC Summ, SC, SC Summ, SC Summ, SC Summ, SC, SC Summ, SC, [2010] 1 WLR 48, [2010] Imm AR 203)
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