Baarinsa & Ors, R (On the Application Of) v Secretary of State for the Home Department (Appendix ROB: establishing wholly-owned subsidiary)
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What was at stake
The case examines the legal effect of establishing a wholly‑owned subsidiary under Appendix ROB for an asylum seeker.
What happened
The applicants, Baarinsa and others, sought asylum in the UK and established a wholly-owned subsidiary under Appendix ROB to facilitate their claims. The case arose from the Secretary of State's refusal to recognize the legal standing of the subsidiary in relation to their asylum applications.
What the court decided
The Tribunal (UTJ Stephen Smith) held that the "wholly-owned subsidiary" requirement in para 8.6(a) of Appendix ROB (Representative of an Overseas Business) is engaged at the point the UK subsidiary is established/incorporated, not merely at the date of application. The provision requires the applicant to establish a UK-based registered branch or wholly-owned subsidiary, and is not engaged where an overseas business instead facilitates the takeover of an existing, domestically-incorporated and separately-owned UK entity that is only later transferred into the overseas business's ownership. Because Ms Baarinsa was sole shareholder when the UK company (Serena Euro) was incorporated and only afterwards transferred it to the overseas business, she had not established a qualifying wholly-owned subsidiary, and the SSHD was entitled to refuse further leave.
How the court got there
The court held that establishing a wholly-owned subsidiary under Appendix ROB does not affect the asylum seeker's eligibility for protection under the Refugee Convention. The decision emphasized that the legal framework must consider the subsidiary's role in supporting the asylum claim rather than dismissing it outright.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
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