El Ali v Secretary of State for the Home Department; Daraz v Same, United Nations High Commissioner for Refugees, intervening: CA 26 Jul 2002

The applicants contended that as children of Palestinian Arabs who were entitled to be treated as asylum applicants, they were to be treated on the same basis. The Immigration Appeal Tribunal had decided that they had to establish such entitlement themselves.
Held: The entitlement was not ‘inherited’ but had to be established for the children in their own right. This opinion contradicted that of the UN High Commissioner for Refugees, but had been reached after careful consideration, and was correct.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice May and Lord Justice Laws

Citations:

Times 12-Aug-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1103, [2003] 1 WLR 95, [2003] Imm AR 179

Links:

Bailii

Statutes:

United Nations Convention Relating to the Status of Refugees 1951 (Cmd 9171) 1D

Jurisdiction:

England and Wales

Immigration, Children

Updated: 23 November 2022; Ref: scu.174695