08 May 2015
Secretary of State for the Home Department v SS (Congo) and others [2015] EWCA Civ 387, [2015] All ER (D) 210 (Apr)
The Court of Appeal, Civil Division, considered whether decisions of the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) to grant leave to enter to persons who were family members of someone already present in the UK had been so affected by the overruled reasoning at first instance in MM ([2014] All ER (D) 133 (Jul)) that the appeals should be allowed. The court, in allowing the appeals, held that in each case the FTT had erred in law in its decision in a number of respects. The court gave guidance, among other things, as to the test to be applied to cases falling outside the scope of the new Immigration Rules.
