The Secretary of State for The Home Department v SS (Congo) and Others: CA 23 Apr 2015

The court considered the proper approach to be adopted, in light of new Immigration Rules promulgated in July 2012, to applications for leave to enter the United Kingdom by persons who are family members of someone already present here.

Judges:

Richards, Underhill, Sales LJJ

Citations:

[2015] EWCA Civ 387, [2015] WLR(D) 199, [2015] Imm AR 1036, [2015] INLR 683, [2016] 1 All ER 706

Links:

Bailii, WLRD

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

CitedMM (Lebanon) and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another CA 11-Jul-2014
Aikens LJ said: ‘The court would not be entitled to strike down the rule unless satisfied that it was incapable of being operated in a proportionate way and so was inherently unjustified in all or nearly all cases.’ and ‘If the particular . .

Cited by:

Appeal fromMM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another SC 22-Feb-2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse.
Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue . .
CitedMM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another SC 22-Feb-2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse.
Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 19 July 2022; Ref: scu.545937