1 May 2019

Hope for stateless children under the age of 5

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Today permission was granted for an oral reconsideration in favour of our client RD (a minor), a child of Indian national parents who is under the age of 5. SSHD agreed in his refusal letter that the child is stateless but refused on the basis that the test of admissibility is not met. The judicial review application was initially refused on the same basis that children under the age of 5 must meet the test of admissibility but RD failed to do so. This is a common result for those children under the age of 5 but one which the judge agreed does not reflect a practical approach in regard to stateless children under the age of 5.

This is positive news for all stateless children under the age of 5 and their parents alike that have faced the same hurdle.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

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