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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> TK (Ceasefire Negotiations) Sri Lanka [2003] UKIAT 00026 (11 July 2003) URL: https://www.bailii.org/uk/cases/UKIAT/2003/00026.html Cite as: [2003] UKIAT 26, [2003] UKIAT 00026 |
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TK (Ceasefire-Negotiations_) Sri Lanka
[2003] UKIAT 00026 (11 July 2003)
Date of hearing: 1 July 2003
Date Determination notified: 11.07.03
TK | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
"It is true that the appellant had been released on bail but the fact is that she had not complied with the bail conditions when she went to Australia for the wedding of her sister. Were she to be returned she would find herself entirely alone in Colombo with no family. Not only is it exceedingly difficult for a young woman to live inSri Lanka
with no family, and no family support, but in this case I find that she would almost certainly be detained for further questioning on arrival at the airport and there is still a danger in those circumstances that during the period of detention for further questioning she would be persecuted."
"Because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: see S v United Kingdom [1984] 40 DR196 and Abdul Aziz, Cabales and Balkandali v United Kingdom [1985] 7EHRR 471. Such ties might exist if the appellant were dependent on his family or vice versa".
An extract from the case of S v United Kingdom is quoted at paragraph 14 of the judgment of Sedley LJ:
"Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependent, minor children. Whether it extends to other relationships depends on the circumstances of the particular case. Relationships between adults, a mother and her 33 year old son in the present case would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties."
G Warr
Vice President