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 rights law, but submitted that this was less than should apply under immigration law.
Held: The appeal failed. The Rules did apply to de facto adoptions, but AA’s situation did not meet the criteria: ‘Para 352D does not cover AA’s case, and cannot be rewritten in order to do so. Whether or not Kafala could be treated as a form of ‘adoption’ for other purposes, the definition of ‘adoptive parent’ in Para 6 is more restricted. It extends to ‘de facto adoption’ only within the limitations laid down by Para 309A, which do not cover this case. Although in terms directed to the succeeding provisions, the definition is also incorporated specifically into the general definition of ‘adoptive parent’ and hence into that of ‘parent’ in Para 6.’
Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Carnwath, Lord Hughes
[2013] UKSC 81, [2014] INLR 273, [2014] 1 All ER 774, [2013] WLR(D) 499, [2014] 1 WLR 43, [2014] Imm AR 540, [2014] 1 FCR 548, UKSC 2012/0181
Bailii, WLRD, Bailii Summary, SC, SC Summary
Immigration Rules 352D
England and Wales
Citing:
Appeal from – AA (Somalia) v Entry Clearance Officer – Addis Ababa CA 1-May-2012
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 . .
Cited – Regina v Immigration Appeal Tribunal Ex parte Tohur Ali CA 18-Dec-1987
The Court considered rule 50 under which ‘parent’ was defined as including – ‘an adoptive parent, where there has been a genuine transfer of parental responsibility on the ground of the original parents’ inability to care for the child . . ‘
Cited – MK (Somalia) and others v Entry Clearance Officer and Another CA 19-Dec-2008
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 . .
Cited – Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer SC 16-Dec-2009
The claimants each sought entry to be with members of their family already settled here. The Court was asked whether the new Immigration Rules imposed a requirement which permitted third party support by someone other than the nominated sponsor.
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Lists of cited by and citing cases may be incomplete.
Immigration, Children
Updated: 04 January 2022; Ref: scu.552328