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11 May 2012
Issue: 7513 / Categories: Case law , Law digest
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Immigration

AA (Somalia) v Entry Clearance officer (Addis Ababa) [2012] EWCA Civ 563, [2012] All ER (D) 06 (May)

On the true construction of the Immigration Rules (HC 251) (the Rules) para 6 and therefore para 309A applied to para 352D. The interpretation plainly set out exhaustively who was to be regarded for the purpose of the Rules as an “adoptive parent” and there was nothing in either para 6 or in para 352D that indicated a contrary intention for the purpose of entry clearance applications under para 352D. That interpretation did not create a lacuna as Art 8 of the European Convention on Human Rights was open to applicants in appropriate cases. There was no proper basis for saying that there could be some notion of adoption applicable to entry clearance applications under para 352D of the Rules which operated separately from and outside the meaning otherwise given to it for the other purposes of the Rules. The interpretation to be applied under para 6 of the Rules to “adoption” itself expressly brought into play, unless the contrary intention appeared, the requirements of para 309A of the Rules. Although

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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