[2024] UKUT 00234 (IAC)

Al Hassan & Ors (Article 8; entry clearance; KF (Syria))

Heard at Melville Street, Edinburgh

THE IMMIGRATION ACTS

Promulgated on 4 July 2024

Before

UPPER TRIBUNAL JUDGE RINTOUL

Between

LOJEIN ABDULRAZZAK AL HASSAN (1)

ALAA SULIMAN AL HALWANI (2)

LAILA FEHMI AL HELWANI (3)

OLA SULIMAN AL HALWANI (4)

MANHAL FEHMI AL HALWANI (5)

HALA AL BADWI (6)

ABDULMALIK ABULRAZZAK AL HASSAN (7)

HAMZA MANHAL AL HALAWANI (8)

SHAM MANHAL FEHMI AL HALAWANI (9)

OSAMA ABDULRAZZAK AL HASSAN (10)

(NO ANONYMITY ORDER MADE)

Appellants

and

ENTRY CLEARANCE OFFICER

Respondent

Representation:

For the Appellant: Mr U Aslam, Mukhtar & Co, solicitors

For the Respondent: Mr A Basra, Senior Home Office Presenting Officer (23/08/2023)

Mr A Mullen, Senior Home Office Presenting Officer (30/04/24)

1. The jurisdiction of the Human Rights Convention is primarily territorial, but as observed in SSHD v Abbas [2017] EWCA Civ 1393, family life is unitary in nature with the consequence that the interference with the family life of one is an interference with the rights of all those within the ambit of the family whose rights are engaged.

2. Properly interpreted, KF and others (entry clearance, relatives of refugees) Syria [2019] UKUT 413 is not authority for the proposition that it is only a UK based sponsor whose rights are engaged. while the rights of the person or persons in the United Kingdom may well be a starting point, and that there must be an intensive fact-sensitive exercise to decide whether there would be disproportionate interference, it is not correct law to focus exclusively on the sponsor’s rights; to do so risks a failure properly to focus on the family unit as a whole and the rights of all of those concerned, contrary to SSHD v Abbas

DECISION AND REASONS