FH (Post-flight spouses: Iran) v Entry Clearance Officer, Tehran: UTIAC 10 Aug 2010

UKIAT The Immigration Rules make no provision for the admission of post-flight spouses of refugees with limited leave. The Rules should be changed. In the mean time it is most unlikely that it will be proportionate to refuse the admission of the spouse of a refugee where all the requirements of paragraph 281 are met save that relating to settlement.Immigration Rules cannot be the subject of a declaration of incompatibility under s.4 of the Human Rights Act 1998, and in any event, a Tribunal has no power to make such a declaration.

Judges:

Sedley LJ, Ockleton P J, Perkins SIJ

Citations:

[2011] Imm AR 29, [2010] UKUT 275 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 22 August 2022; Ref: scu.421568