Immigration

Application for entry - appellants seeking entry as children of UK resident having 'sole responsibility' for upbringing - mother having 'sole responsibility' for short time - appellants eligible for entryNmaju and Others v Immigration Officer: CA (Aldous, Schiemann and Thorpe LJJ): 31 July 2000

The appellants applied for entry clearance in order to join their mother for the purposes of settlement.

The immigration entry officer refused their application on the ground that the appellants' mother did not have 'sole responsibility for [their] upbringing' for the purposes of para 297(i)(e) of the Statement of Changes Immigration Rules (HC 395).

The appellants' appeal to the adjudicator was dismissed.

On a subsequent appeal, the Immigration Appeal Tribunal found that the mother had had sole responsibility for the appellants' upbringing for a period of two months but that that was insufficient for her to fall within the group entitled to the benefit of para 297(i)(e).

The appellants appealed.Sibghat Kadri QC and Emeka Pipi (instructed by Okoye & Co) for the appellants; Rabinder Singh (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department.

Held, allowing the appeal, that the Immigration Appeal Tribunal had imposed a time condition to which there was no reference in para 297(i)(e); that although the period of time for which the sponsor had had responsibility for the children's upbringing was a relevant factor it could not be conclusive; and that, accordingly, having concluded that the mother had had sole responsibility for the upbringing of the appellants it was not at liberty to find that they did not qualify for entry.