Our Oxford Law firm brings you the latest Visa & Immigration news. UKBA References to leave granted outside the Rules on Article 8 grounds are (i.e. a British passport) and dating them at the time the record is created. MF (Article 8 - new rules) Nigeria  UKUT (IAC) (31 October ) – see previous post for facts and background. Despite commenting. The extracts below illustrate how high the test is, at least as far as the Home Office is concerned, and how the So, the 10 and 20 year long residence rules do that it is correct at the new date of publication shown. Tags: Article 8, key post, Long residence.
UK Border Agency has backlog dating back 10 years, inspector finds :
The Home Office policy on long residence cases covers some situations which seem to fall outside the rules. This is unusual but does sometimes occur.
- Or become a member of Free Movement today
- We work to defend the right to FOI for everyone
- Looking for an EU Authority?
Reconsideration request in relations to Article 8 applications
Ukba new article 8 rules to dating - BBC News Navigation
On the other hand, a young adult living independently of his parents may well not have a family life for the purposes of Article 8. He continues, though, and points out that this debate risks missing the main point: However, the debate as to the whether an applicant has or has not a family life for the purposes of Article 8 is liable to be arid and academic.
As the European Court of Human Rights pointed out in AA, in a judgment which I have found most helpful, the factors to be examined in order to assess proportionality are the same regardless of whether family or private life is engaged.
The question for the Secretary of State, the Tribunal and the Court is whether those factors lead to the conclusion that it would be disproportionate to remove the applicant from the United Kingdom. This is a point made here on this blog in the write up of the Adjei case.
In Singh the claimants lose because their case relied on showing that there was a distinction between private and family life, a contention that the Court of Appeal rejects. Extent of private life We know that private life is a very wide concept. Article 8 also protects a right to personal development, and the right to establish and develop relationships with other human beings and the outside world.
There is a long line of authority on this point. As long ago as X. In the opinion of the Commission, however, the right to respect for private life does not end there. Do check out the Daily Mail friendly pet ownership related factual background to that one, by the way. Article 8 does not extend to protect pet ownership, it turns out. In Niemietz v Germany Application no. Respect for private life must also comprise to a certain degree the right to establish and develop relationships with other human beings.
The factual background to all these cases is different, of course, but the central point is that private life includes the right to maintain and even develop family and personal relationships. Family visits between adults separated by immigration law surely must engage that right, although refusal of entry would be no doubt be proportionate if the visitor immigration rules were not met. Extent of family life Singh reminds us that there is no presumption that family life does or does not exist and that it is a fact sensitive question.
Khoroshenko involves family visits of a rather different nature: Retrospectivity Paragraph A of the new rules states: Where Article 8 is raised in the context of deportation under Part 13 of these Rules, the claim under Article 8 will only succeed where the requirements of these rules as at 9 July are met, regardless of when the notice of intention to deport or the deportation order, as appropriate, was served.
The UT found that paragraph A was too ambiguous to have retrospective effect . And notably, if paragraph A purports to regulate decisions under the old rules, it was hard to see how this arose from the rule making power contained under section 3 2 of the Immigration Act Under Maslov, the UT had to consider that A had not reoffended and did not pose a threat to the public.
For the UT, : Weighing all the evidence in the balance, we are satisfied that that it would not be proportionate in to deport the appellant. The head note can be extracted as: They also contain related provisions which confer discretion but it is discretion to grant leave in response to an Article 8 claim only if the new mandatory requirements are met. Whenever the new rules have application judges are obliged to consider whether an appellant can show he meets the relevant requirements s.
Where the new rules afford some related discretion, judges are obliged to consider whether that discretion should have been exercised differently s. However, what judges are doing when they are conducting this exercise is simply applying the rules: The fact that these rules in part refer expressly to Article 8 or to certain Article 8 concepts is incidental.