(1) The Immigration (Biometric Registration) Regulations 2008 (SI 2008/3048) (‘the 2008 Regulations’) have the effect that where a person subject to immigration control makes (or purports to make) an application for entry clearance which has effect as leave to enter the United Kingdom for a limited period exceeding 6 months, and, at the same time, is required to apply for a biometric immigration document (‘BID’), and where that person is required to provide biometric information but fails to do so, the application for a BID must be refused and the application for entry clearance must be treated as invalid. The 2008 Regulations themselves admit of no discretion in so far as non-compliance is concerned. In this way, the validity of an application for entry clearance based on family reunion (whether falling within or without the Rules) is contingent on legislative provisions relating first and foremost to a separate, but parallel, application, namely for a BID.
(2) However, regulations 5 and 8 of the 2008 Regulations provide for discretion as to whether biometric information is required and, if it is, the manner of its enrolment.
(3) The Immigration Rules are silent on the question of whether enrolment of biometrics goes to the validity of applications for entry clearance in general. The various Appendices to the Rules covering particular routes for entering the United Kingdom do link the validity of applications to the provision of required biometric information, but these do not include family reunion.
(4) The Secretary of State’s current guidance on family reunion (‘Family reunion: for refugees and those with humanitarian protection’, version 5.0, published on 31 December 2020) fails to confirm the existence of any discretion as to the provision of biometric information when a person makes an application for entry clearance, save in respect of children under 5 years of age. To this extent, the guidance is unlawful.
Citations:
[2022] UKUT 15 (IAC)
Links:
Statutes:
Immigration (Biometric Registration) Regulations 2008
Jurisdiction:
England and Wales
Immigration
Updated: 27 March 2022; Ref: scu.671708
