IA and others v Secretary of State for the Home Department

The family of six (two parents and their four children) applied to join the father’s British brother (the sponsor), relying on family life under Article 8 ECHR as the basis for entry to the UK. The Secretary of State refused that application.

The family’s appeal to the First-tier Tribunal was dismissed, but the Upper Tribunal allowed the family’s appeal and held that the Secretary of State was required to grant entry clearance under Article 8. The Secretary of State in turn appealed to the Court of Appeal on three grounds, alleging that the Upper Tribunal had erred in law in reaching its decision.

The Court of Appeal’s judgment contains important guidance as to (i) the test for the establishment of ‘family life’ between adult siblings; (ii) the jurisdictional scope of Article 8 in entry clearance cases; and (iii) the threshold to be met in order for entry clearance to be granted outside the Immigration Rules.

The Court of Appeal allowed the Secretary of State’s appeal on Grounds 1 and 3 and in part on Ground 2.

The decision and a press summary may be found here.

Sir James Eadie KC, Shane Sibbel, Tom Leary, and Natasha Simonsen acted for the Home Secretary.

George Molyneaux and Rayan Fakhoury acted as part of a wider team for the Respondents.