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Court of Appeal upholds a decision that the eldest child of a recognised refugee was not eligible for family reunification under the applicable statute, as the child was not a minor at the time the application was made. The appellant argued that this was unfair, as her daughter was a minor when the asylum application was initially submitted, but the court found no constitutional or European Convention on Human Rights violation in the statutory age requirement for family reunification.
Family reunification - recognised refugee - International Protection Act 2015 - section 56(9)(d) - minor - adult child - Court of Appeal - constitutional rights - European Convention on Human Rights (ECHR) - asylum application - discretionary scheme, Policy Document on Non-EEA Family Reunification - humanitarian grounds - margin of appreciation - legal certainty - equal treatment.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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