Christian Howells+Rebecca Stickler in Court of Appeal Case
UG(Nepal) [2012] EWCA Civ 58
This case concerned two issues. Firstly, UG (Christian Howells led by Richard Drabble QC) successfully appealed the Upper Tribunal determination that a gurkha’s adult dependent daughter who applied seven months after her father had settled in the UK was no longer part of the family unit, solely by reference to the seven month separation, especially when the policy pre-supposed that separation.
Secondly, in all three appeals of UG, NT & RM, YP (Christian Howells and Rebecca Stickler led by Richard Drabble QC) the Court of Appeal concluded that the policy set out in the Diplomatic Service Procedures, Entry Clearance, Vol 1, General Instructions para.29.14 was discretionary and it was not the case that entry clearance would be granted simply upon satisfaction of the first, plus one other, of the factors enumerated in the bullet points in that paragraph.