Category: immigration

AS (Somalia) v Secretary of State for the Home Department

House of Lords

“The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in the applicant’s circumstances, was not incompatible with article 8 of the European Convention on Human Rights, even though its effect could lead to delay in bringing a family together in the United Kingdom.”

The Times, 22nd June 2009

Source: www.timesonline.co.uk

AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194

“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”

WLR Daily, 18th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.