EDAL case summaries
Country of Decision: United Kingdom
Country of Applicant: Congo (DRC), Lebanon, United Kingdom
Keywords: Assessment of facts and circumstances, Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Persecution (acts of), Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sponsor, Well-founded fear
The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge.
The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.
To ensure that their decisions are compatible with the Human Rights Act...
Date: 22-02-2017
Country of Decision: Slovenia
Country of Applicant: Somalia
Keywords: Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Sponsor
The State is obliged to adopt legislation which allows the refugee to actually exercise the right to respect for family life in its territory. Under Article 53(3) of the Constitution of the Republic of Slovenia the scope of family life firstly includes the nuclear family and secondly, where specific factual circumstances dictate, members of the family who are not nuclear but who are similar or perform the same function.
The legislator limited the right to family reunification by enacting an exhaustive definition of eligible family members for reunification, excluding any other form...
Date: 14-01-2015
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- Best interest of the child 2
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- Family unity (right to) 2
- Assessment of facts and circumstances 1
- Persecution (acts of) 1
- Personal circumstances of applicant 1
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- Relevant Documentation 1
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- Congo (DRC) 1
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