The landmark immigration case Sarbah vs. Home Office (1985) was the first to use DNA testing to prove a mother-son relationship between Christiana Sarbah and her son Andrew. The case started in 1983 when Andrew, then 13, arrived in England after a long stay in Ghana with Christiana's estranged husband. Immigration officials held him at Heathrow Airport, claiming his passport was forged, or that a substitution had been made. Only after intervention by a local MP was Andrew allowed to stay at his family's home in London. Various genetic-determining tests showed that Christiana and Andrew were almost certainly related however, it was impossible to determine whether Christiana was his mother or merely an aunt (Christiana has several sisters in Ghana). The photographic evidence and depositions were rejected at an immigration hearing, but deportation was delayed pending an appeal. Around the same time, an article in The Guardian reported the discovery of DNA fingerprinting by Prof. Alec Jeffreys and his team at the University of Leicester. After reading about their work, the legal team dealing with the case approached Prof. Jeffreys, and he agreed to take on the case. In order to prove that Christiana was Andrews mother, a DNA test was performed on blood samples from Christiana, Andrew, an unrelated individual, and Christiana's three undisputed children: David, Joyce, and Diana. Using a recently discovered DNA probe, a DNA fingerprint was produced which confirmed that Christiana was indeed Andrews biological mother, and that David, Joyce and Diana were his siblings. Based on this evidence, the case was dropped by the Home Office and massive press coverage ensued. The discovery of DNA fingerprinting had huge implication for the non-criminal legal system and led to an overhaul of the UKs Immigration legislation. Current UK immigration legislation accepts results of DNA testing as the ultimate proof or relationship between a child and his or her relatives. Accordingly, DNA test results will normally (although not invariably) provide conclusive evidence as to whether a child is related, as claimed, to one or both of his alleged parents. Before January 1991, it was up to the applicant to decide whether or not to obtain DNA evidence in support of his or her application or appeal. In January 1991, a government scheme was introduced, which enables entry clearance officers (ECO) to offer to arrange DNA tests in cases where they are not satisfied that persons seeking admission as children are related to their UK sponsor. For more information, please visit DNA Bioscience, at www.dna-bioscience.co.uk |
