The present immigration rules on when a refugee could also be joined by family members — also known as refugee family reunion — are woefully outdated and easily don’t mirror the nature of contemporary households. Reform is lengthy overdue. But in the meantime, it’s possible to make profitable applications for discretion to be exercised outside the rules. This weblog publish provides attorneys and advisors some tips on go about it.
The related a part of the rules, Part 11, is proscribed to spouses or companions who’ve lived akin to spouses for two years, youngsters and most just lately grownup youngsters in distinctive circumstances (see para 352DB). These rules fail to recognise different significant familial relationships a refugee has. At the Greater Manchester Immigration Aid Unit (GMIAU) we’re seeing increasingly referrals, notably from Afghan refugees. They are sometimes determined to sponsor siblings, mother and father and different relations who’re both internationally displaced or in very harmful conditions inside Afghanistan. None of those relationships is presently lined by the rules, nevertheless it doesn’t imply they can’t be made.
The first impediment is funding. Without fee, it’s unattainable for attorneys or recommendation companies to undertake the appreciable work that can be wanted. Given the complexity of those applications, it is extremely seemingly that Exceptional Case Funding (ECF) can be obtainable from the Legal Aid Agency. In R (Gudanaviciene and Others) v The Director of Legal…
