ZN (Afghanistan) (FC) and others (Appellants) v Entry Clearance Officer (Karachi) (Respondent) and one other action raised the question of which immigration rules apply to family members seeking entry to the United Kingdom, where the sponsor has been granted asylum and consequently obtained British Citizenship.
Spouses and children of refugees who have been granted asylum in the UK may apply for entry clearance, which do not require them to meet any accommodation or maintenance conditions. However, spouses and children of British Citizens must meet the additional conditions.
The authorities had contended that, as Mr Naimi was now a citizen, his family would have to satisfy the normal accommodation or maintenance conditions, which they do not.
The Supreme Court unanimously allowed the appeal of wife and children. The Court held that paragraph 352A applied to the first appellant (the Sponsor’s wife) as a spouse of a refugee and paragraph 352D applied to the second to fifth appellants (the Sponsor’s children who were under the age of 18 at the relevant time) as children of a refugee.
In the reasons for judgment the Court said:
The fact that British citizenship has been granted to the sponsor does not change the fact that the sponsor is a person who has been granted asylum.