EMM and CNM, petitioners

Immigration – Leave to enter as child of refugee – Validity of application. Court of Session: Granting the prayer of a judicial review petition brought by the adopted daughters of a refugee, who applied for entry clearance to join him in the UK and whose application, presented as 'applications for family reunion in terms of para 352D of the Immigration Rules', was rejected without its merits being considered, an Entry Clearance Officer concluding it was not properly made under para 352D, the court held that the petitioner's application for leave to enter was 'made under' para 352D of the Immigration Rules and therefore it was fee exempt and it ought to have been considered on its merits.

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