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21 May 2010
Issue: 7418 / Categories: Case law , Law reports
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Immigration—Leave to enter—Family member of former refugee

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ZN (Afghanistan) (FC) and others v Entry Clearance Officer (Karachi) and one other action [2010] UKSC 21, [2010] All ER (D) 88 (May)

Supreme Court, Lord Phillips P, Lord Rodger, Lord Collins, Lord Kerr and Lord Clarke, 12 May 2010

Paras 352A and 352D of the Immigration Rules (HC 395) do not require a sponsor to be a “current” refugee when an entry clearance application is made by his or her spouse or civil partner or any of his or her children who was under the age of 18 at the time of their application.

Manjit Gill QC, Edward Nicholson and Sophie Weller (instructed by Fisher Meredith LLP) for the appellants. Lisa Giovannetti and Samantha Broadfoot (instructed by the Treasury Solicitor) for the respondent.

The appellants were Afghan nationals. The first, ZN, married her husband (the sponsor) in 1979. ZN and the sponsor were the parents of the other appellants. The sponsor fled Afghanistan and arrived in the UK in August 1999. At some point in 1999 the family went to Pakistan.

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