Case details

SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent)

Reporting restrictions

The Court has made a Reporting Restrictions Order in this case to protect the identity of those involved. These restrictions apply to members of the public using Twitter or other social media channels in the same way as they do to professional journalists.

Case ID: UKSC 2015/0243

Case summary

Issue(s)

Whether the appellant ("the applicant") is a "direct descendant" or "extended family member" within the meaning of Regs. 7 and 8 of the Immigration (European Economic Area) Regulations 2006.

Facts

Mr and Mrs M are French nationals exercising free movement rights. In 2011 in Algeria Mr and Mrs M became legal guardians of the applicant under the Kafalah system (Islamic equivalent to adoption). The applicant later applied for entry clearance to come to the UK as a family member of an EEA national exercising free movement rights under the Immigration (European Economic Area) Regulations 2006. Her application was refused.

Judgment appealed

[2015] EWCA Civ 1109

Parties

Appellant

SM

Respondent

Entry Clearance Officer, UK Visa Section

Appeal

Justices

Lady Hale, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes

Hearing start date

23 Mar 2017

Hearing finish date

23 Mar 2017

Watch hearing
23 Mar 2017 Morning session