The appellants complained that the provision which required that on hearing an appeal against refusal of an entry clearance the officer or tribunal could only consider the circumstances applying at the date of the application, infringed his human rights. They sought to come here to live with a cousin.
Held: The appeals failed. The procedure here had caused considerable delay, and it was argued that it was inequitable to allow subsequent events to affect on a leave to enter decision made after arrival, but not on an application for entry clearance made in advance of entry. This however was a defect of procedure, and not of susbtance since the applicants could on a change of circumstances have made a further application for a certificate whilst the first remained outstanding.
Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Baroness Hale of Richmond, and Lord Brown of Eaton-under-Heywood
[2009] UKHL 32
Bailii, Times
Nationality, Immigration and Asylum Act 2002 85, European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 01 November 2021; Ref: scu.347025
