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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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