A child sought entry clearance as a de facto adopted child of his sponsor who had accepted status of refugee.
Held: The changes to the Immigration rules did not extend those rules beyond application to natural and adopted children so far as de facto adopted children.
Notwithstanding the grant of entry clearance under article 8, the appeal was not academic: ‘The answer provided is that if entry is permitted under the Immigration Rules the entitlement of AA to remain thereafter will in effect align with the sponsor’s entitlement, whereby indefinite leave to remain can be expected to be granted after the expiry of the five-year period: whereas grant of leave to remain under article 8 is discretionary and not necessarily so linked to the sponsor’s position.’
Judges:
Arden, Toulson, Davis LJJ
Citations:
[2012] WLR(D) 134, [2013] 1 WLR 268, [2012] 3 FCR 96, [2013] INLR 85, [2012] 3 All ER 893, [2012] Imm AR 858, [2012] EWCA Civ 563
Links:
Statutes:
Immigration Rules 309A, European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Appeal from – AA v Entry Clearance Officer (Addis Ababa) SC 18-Dec-2013
The appellant child, AA sought entry as the de facto adopted child of his sponsor who had previously been given refugee status. The sponsor had taken parental responsibility of AA under the Islamic Kafala procedure. AA had been admitted under human . .
Lists of cited by and citing cases may be incomplete.
Immigration, Children, Human Rights
Updated: 23 October 2022; Ref: scu.454043