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MUKARKAR v SSHD [2006] EWCA Civ 1045 |
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Written by Emma Ginn
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The Appellant was a Yemeni man born in 1942, whose former wives, children, grandchildren and brothers were all lawfully resident in the UK. He entered the UK as a visitor and applied out of time for indefinite leave to remain as a dependent relative under r 317 of the Immigration Rules.
Under the Rules, being under the age of 65, he would have had to show that he was (or would be) "living outside the UK in the most exceptional compassionate circumstances ". The application would ordinarily have to be made from outside the UK. His original application, made in November 2000, was refused under the Immigration Rules, as was his subsequent application under Articles 3 and 8 of the ECHR. His appeal against the latter decision was heard by an adjudicator in July 2004. MUKARKAR v SSHD [2006] EWCA Civ 1045
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