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United Kingdom - The Queen on the application of Mohamed Al-Anizy v Secretary of State for the Home Department, 25 April 2017
Country of applicant: Kuwait
Keywords: Effective access to procedures, Best interest of the child, Relevant Facts, Refugee Status, Family unity (right to), Child Specific Considerations, Responsibility for examining application, Dependant (Dependent person), Family member, Family reunification

Judicial review to challenge the failure/refusal of the Secretary of State for the Home Department (“SoS”) to determine the application of the applicant’s spouse and two youngest children for family reunification in the UK on the following grounds: a failure to apply the SoS published policy; irrationality; breach of all the family members’ rights under Art. 8 ECHR; and (regarding the two children in the UK), breach of the duties owed under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”).

The Upper Tribunal found that:

1) the Home Office family reunification policy embraces a series of flexible possibilities for proof of identity;

2) the reunion applications were not examined and determined which involves a public law misdemeanour within the applicant’s grounds for challenge; and

3) in any case where withdrawal or a consent order is proposed judicial scrutiny and adjudication are required.

Date of decision: 25-04-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 23,European Union Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 12,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8