The Court of Appeal has handed down an important decision in DM v Secretary of State for the Home Department [2025] EWCA Civ 1273, changing the way the UK Government must approach the rights of child refugees and their families. This ruling is a major development in UK immigration law and has wide implications for families, practitioners, and anyone seeking visa and immigration services in the UK.
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Background: Family Reunion for Child Refugees
In the UK, adult refugees can automatically sponsor their spouse, partner, and minor children to join them under the Immigration Rules. However, until now, child refugees were treated differently.
Children granted asylum or humanitarian protection were not able to automatically bring their parents or siblings to the UK. Instead, their families could only apply in “exceptional circumstances” where refusal would result in “unjustifiably harsh consequences.”
This restrictive policy was widely criticised by charities, lawyers, and international organisations such as the United Nations High Commissioner for Refugees (UNHCR). The case of DM, an Eritrean refugee, brought the issue before the Court of Appeal, supported by leading immigration solicitors in London UK and international human rights experts.
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The Court of Appeal’s Judgment
On 8 October 2025, the Court of Appeal ruled that the Home Secretary had acted unlawfully by failing to properly consider the best interests of children when maintaining the restrictive family reunion policy.
•✅ The Court allowed the appeal on the Section 55 ground, under the Borders, Citizenship and Immigration Act 2009, which requires children’s welfare in the UK to be treated as a primary consideration in immigration decision-making.
•❌ The Court rejected additional arguments that the policy was discriminatory or irrational.
This means that in future, the Home Office must ensure that child refugees are not unfairly excluded when it comes to being reunited with their parents and siblings.
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Why This Case Matters
This ruling is a landmark moment in UK immigration law. It strengthens the principle that children’s welfare cannot be overlooked in immigration and asylum policy.
For many unaccompanied minors living in the UK, family reunion is not just about legal rights — it is about their wellbeing, mental health, and long-term stability. The judgment ensures that immigration lawyers in London and across the UK will now be able to argue more effectively for children’s rights to live with their families.
It also reinforces the importance of expert legal representation from a trusted immigration law firm UK, especially in complex cases involving human rights and family life.
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How Lumine Solicitors Can Help
At Lumine Solicitors, we are proud to support individuals and families at every stage of their immigration journey. Our experienced team of UK immigration lawyers and immigration solicitors near me provide tailored advice and representation in the following areas:
• Asylum and humanitarian protection
• Family visa solicitors London – including spouse, partner, parent, and child visa applications
• Skilled worker visa lawyers London – guidance for businesses and employees
• British citizenship lawyers – applications for naturalisation and registration
• UK visa application assistance – from visitor visas to settlement
• Litigation services – appeals, judicial reviews, and representation in the Immigration Tribunal
• Immigration consultancy London – strategic advice for individuals and businesses
Whether you are searching for the best immigration lawyers UK, need immigration advice London, or require help with a visa and immigration service UK, our dedicated team is here to assist.
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Contact Lumine Solicitors
We understand how important immigration decisions are for you and your family. If you need professional advice from a trusted London solicitor, get in touch today.
🏢 Lumine Solicitors, 2nd Floor, 156 Cromwell Road, London SW7 4EF
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About Us
Lumine Solicitors is a specialist immigration law firm UK, providing clear, practical, and expert advice. From family reunion and human rights cases to business immigration and nationality applications, our team of immigration solicitors in London UK is here to help you achieve the best possible outcome
