When is it reasonable to require British citizen children to leave Britain?

Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second is how far, if at all, the tribunal might take account of policies of the Secretary of State under the new appeals regime established by the Immigration Act 2014. Reasonableness of requiring a British child to leave UK It turns out that the Secretary of State’s policy is that it is never reasonable to require a British citizen child to...

29th March 2017 By Colin Yeo

Supreme Court upholds Minimum Income Rule of £18,600 to sponsor foreign spouses in MM case

In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requires an income of at least £18,600 for British citizens and others to sponsor a foreign spouse. However, the court also held that the rules and policies used by the Home Office to assess such cases would need to be amended to take proper account of the impact on children and other possible sources of income and support. In a further linked judgment, Agyarko v Secretary of State for...

22nd February 2017 By Colin Yeo

Tribunal makes order requiring dental age assessment of young asylum seeker

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach to be followed in similar cases. The new case is ZM and SK, R (on the application of) v The London Borough of Croydon (Dental age assessment) [2016] UKUT 559 (IAC). It follows on from the Court of Appeal judgment in London Borough of Croydon v Y [2016] EWCA Civ 398, covered earlier on Free Movement: Court of Appeal says children can be required to be x-rayed to challenge...

20th December 2016 By Colin Yeo

Home Office publishes eligibility criteria for children to be admitted to UK under Dubs amendment

The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living in the Calais camp. The obligation to admit the children comes from section 67 of the recently passed Immigration Act 2016, a section otherwise known as the “Dubs amendment” after Lord Alf Dubs, who proposed it. The basic criteria are: To be eligible a child must meet one of the following criteria: they are aged 12 or under they are referred directly by the French authorities, or by an organisation working on behalf of the French authorities, to the Home Office as being at high risk of...

15th November 2016 By Colin Yeo

What is the impact of a successful asylum claim on a child abduction case?

Can the Family Court ignore a decision by the Home Office to grant asylum to a child by ordering the child’s return to the country where it was found he would be at risk of harm contrary to Article 3 of the ECHR ? This was the central issue in Re H (A Child) (International Abduction: Asylum and Welfare) [2016] EWCA Civ 988, where a father applied for the summary return of his son to Pakistan, whom he claimed had been abducted to this jurisdiction by the mother. The mother’s case was that she and her son had suffered domestic violence at the hands of the father. The mother had...

7th November 2016 By Chris McWatters

Dura Lex, Sed Lex: Refugee children must remain in Calais says Court of Appeal

The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here. But the courts are seemingly doing their best to help. The Court of Appeal’s judgment in Secretary of State for the Home Department v ZAT & Ors (Syria) [2016] EWCA Civ 810 keeps unaccompanied children in the Jungle. There are more than 10 million child refugees in the world today. Millions of them are unaccompanied. Families make what are to most people unimaginable choices about which child will be sent away from their families to seek safety alone. But the UK government has argued successfully...

7th September 2016 By Jared Ficklin