JB and others (Children of Former British Overseas Citizens, Limits of NH) India: AIT 28 Jul 2008

AIT In determining whether the overage children of former British Overseas citizens, who were not able to settle in the UK while they were still minors, now have an entitlement under Article 8 to join their parents in this country, the criterion is not the ‘historical wrong’ which was done to British Overseas citizens and their families in the past. That is part of the context in which the proportionality of exclusion must be assessed, if the ‘ultimate question’ of Huang is reached. But first it must be established whether there is family life, for the purposes of Article 8, between the parents here and their adult children abroad, and, if so, whether the refusal of entry clearance for the latter interferes with that family life sufficiently seriously to engage the operation of Article 8. Those questions must be answered without reference to the injustices of the past.
[2008] UKAIT 00059
England and Wales

Updated: 21 June 2021; Ref: scu.277824