UTIAC While in rare cases a policy may be expressed in such absolute terms that, on the facts as found, an appeal may be allowed outright under the policy, this should not be confused with the general intention which appears to lie behind the policy. Thus, a policy which allows overage children to be reunited with a settled sponsor in certain circumstances, and whose purpose may appear to be the avoidance of the ‘stranded sibling’ phenomenon, should not be taken to mean that, in most cases, entry clearance will be granted to overage children. Apart from anything else, the policy may have been more loosely drafted than an immigration rule, and the discretion which it imports ought to be exercised by the respondent at first instance.
Judges:
Owen J, McKee SIJ
Citations:
[2010] UKUT 480 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444078