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…

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