Upper Tribunal gives guidance as to entry clearance applications by the relatives of refugees

Upper Tribunal gives guidance as to entry clearance applications by the relatives of refugees


CategoryNews Author Zane Malik Date

The Upper Tribunal (Mr Justice Nicol and Judge Coker) gives its decision in KF and others (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC).

The Upper Tribunal gave the following general guidance as to entry clearance applications by the relatives of refugees in the United Kingdom:

  1. In applications for entry clearance, the starting and significant point in applications for entry clearance is the Article 8 rights of the sponsor or others in the UK. A fact sensitive analysis is essential.
  2. There is no blanket prohibition on the relatives of refugees other than a spouse and/or children.
  3. As was made clear in Agyarko [2017] UKSC 11 the purpose of the Immigration Rules is to enable decision makers to understand and apply the appropriate weight to be given to the public interest. That the appellants in an application for entry clearance do not meet the Immigration Rules is an adverse factor.
  4. It is Mathieson v Secretary of State for Work and Pensions [2011] UKSC 4 rather than AT and AHI v Entry Clearance Officer Abu Dhabi [2016] UKUT 227 (IAC) which should guide the Tribunal in relation to the role of international treaties which have not been incorporated into domestic law, so that it may be material that an outcome is in harmony with such international instruments rather than that they should be accorded substantial weight.

Zane Malik appeared for the Secretary of State for the Home Department.

The Upper Tribunal’s decision is here.


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