No5 Chambers

Bar top 30 position: 6=

AA (Somalia) — Supreme Court says home secretary should amend the refugee family reunion rule for children

The Supreme Court has strongly indicated to the home secretary in its judgment in AA (Somalia) v Secretary of State for the Home Department [2013] UKSC 81 that she should amend the immigration rules concerning family reunion of children with refugees in the UK.

The court held that it could not itself rewrite the rules to achieve a fair result and so had to dismiss the appeal. But Lord Carnwath, in giving the judgment of the court, said: ‘In the interests of both applicants and those administering the system, it seems much preferable that the rules should be amended to bring them into line with the practice actually operated by the secretary of state, including that dictated by her obligations under international law.’

The case concerned an application by a child for entry clearance to come to the UK to join her de facto ‘adoptive’ parents, one of whom was a recognised refugee…

 If you are registered and logged in to the site, click on the link below to read the rest of the No5 Chambers briefing. If not, please register or sign in with your details below.

 

Overview

Fountain Court
Steelhouse Lane
Birmingham
B4 6DR
UK

Silks: 26
Juniors: 213
Head of chambers: Paul Bleasdale QC
Practice director: Tony McDaid
Office manager: Sandra Astbury