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.
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- 30 September 2019