[2025] UKUT 00089 (IAC)

This is the judgment of the Upper Tribunal to which both members have contributed.

This claim for judicial review concerns two young children, MIK and MAK (“the children”), who were separated from their parents when the family attempted a perilous journey in a small boat across the Channel. The children are now 6 and 9 years old. The first and second applicants, EK and SK, are their parents. We mean no disrespect to the applicants by referring to them in this decision as “the children”, “the mother”, “the father”, “the parents” or collectively as “the family”. We do so for ease of reference and to protect their anonymity. The family are all nationals of Turkey and of Kurdish ethnicity. For reasons that we do not need to set out in this decision, the parents claim the family fled Turkey and travelled to Calais via Belgium hoping to cross the Channel together in a small boat in order to illegally enter the UK.

On 19 July 2024 they were due to make the crossing facilitated by agents. The two children were placed on the boat and their mother was pulled into the water when, according to the parents, other migrants rushed towards the boat attacking them. Their father jumped into the water to save her. The boat left with the children while their parents were still in the water.

After what was plainly a traumatic series of events, the children arrived in the UK and were referred to Kent County Council and placed with foster carers. The parents alerted the French authorities who in turn had contacted the British coast guards and they were assured later that day that the children had arrived in the UK safely, and were being looked after.

On 21 August 2024 the parents made applications for Entry Clearance to be reunited with their children in the UK. On 26 August 2024, a ‘Pre-Action Protocol Letter’ was sent to the respondent highlighting that the family had been separated for 35 days and seeking the grant of Entry Clearance ‘without delay’. The applicants’ representatives stated they expected a full and prompt response by 4pm on 2 September 2024. The respondent did not respond until 10 September 2024,simply stating that the relevant team has agreed to expedite the application although it was not possible to give a timescale for when the applications will be decided. Further correspondence was sent to the respondent on 12 September 2024 and 24 September 2024 with evidence highlighting the impact upon the children of the ongoing separation from their parents. In the absence of a response and a decision from the respondent, this claim for Judicial Review was issued on 30 September 2024.