JCWI have applied for permission to intervene in the case of AK (Afghanistan) v SSHD C4/2019/2480. The Appellants (represented by Duncan Lewis) are challenging the family reunion provisions relating to de facto adoptions. The immigration rules as drafted make it impossible for refugees in the UK to sponsor adopted children in countries which are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction (de facto adoptions).
 
Under paragraph 352D of the rules, a minor child of a refugee parent who was part of the family unit at the time the refugee left their country of habitual residence is entitled to entry clearance to join their parent (as long as they are not living an independent life, are unmarried and have not formed an independent family unit). The definition of a parent includes an adoptive parent, but only if the adoption took place in a country whose adoption orders are recognised by the United Kingdom or is the subject of a de fac…