DN, petitioner

Immigration – Judicial review – Refusal of leave to appeal – Entry clearance – Family members – Children – Human rights – Discrimination. Court of Session: Granting a judicial review petition by a Ugandan national, who applied for entry clearance to join her mother and brother in the UK, her mother having been given discretionary leave to remain, challenging the Upper Tribunal's refusal of leave to appeal against the First Tier Tribunal's dismissal of her appeal against the refusal of her application, the court held, inter alia, that the leave granted to the petitioner's mother was not leave with a view to settlement for purpose of para 301 of the Immigration Rules, there was on the face of it a difference in treatment between children of those who had discretionary leave to remain and those who entered by routes designed to facilitate settlement and as no justification for it had been demonstrated the difference in treatment was unlawful.

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