Specific legal framework
43. It is not in dispute that the appellant’s application for entry clearance as a partner fell to be determined under the Immigration Rules set out in Appendix FM and Appendix FM-SE. Since there was, however, some dispute over whether the refusal of the application would result in unjustifiably harsh consequences, necessitating an examination of Article 8 factors, outside the rules, it is salient to set out in full GEN.3.1.-GEN.3.3 of the Rules, which were amended from 10 August 2017 for all decisions made on or after that date by HC290:
- DECISION AND REASONS
- Submissions at the hearing
- General
- Nationality
- 28. At the same time it is also clear that, by virtue of their minority, children are not in a position to exercise some of the rights and benefits ordinarily associated with nationality for so long as they are children. This is a feature highlighted by a leading expert on children and nationality, Jacqueline Bhaba 2 , in her article on “The importance of nationality for children”, Institute on Statelessness and Exclusion, 2017:
- British citizenship and British citizen children
- British citizenship and Union citizenship
- Dual or multiple nationality
- 39. But there can also be disadvantages of having more than one nationality. As a dual citizen, a person is bound by the laws of both countries. Dual citizens may be legally obligated to fulfil military obligations in one or both of the countries of nationality. In some countries there are employment security clearance hurdles for persons who have another nationality. There is also the potential for double taxation. Further, there is the potential difficulty for persons seeking to rely on the opportunity to exercise their rights and benefits as a national of one country, that they have available a separate set of rights and benefits flowing from their other nationality. This last feature is one we will have to consider further in the context of this appeal.
- Specific legal framework
- “Exceptional circumstances
- Section 55
- Statutory provisions and Section 117B(6)
- The Immigration Rules
- Policy
- Case law
- disruption
- Private life
- The appellant’s case
- The Immigration Rules: Appendices FM and FM-SE
- Article 8
- Public interest considerations
- The position of the sponsor
- The option of the children joining the sponsor in the UK on their own
- The option of the sponsor returning to Sri Lanka
- status quo ante
- or the appellant and children being able to live in the UK
- The best interests of the children
- The appellant’s position under the Rules
- Zambrano
- [2012] 1 CMLR 45