Article 8 claims since 9 July 2012—the Secretary of State’s new approach
Produced in partnership with Eric Fripp of Lamb Building
Article 8 claims since 9 July 2012—the Secretary of State’s new approach

The following Immigration guidance note Produced in partnership with Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:

  • Article 8 claims since 9 July 2012—the Secretary of State’s new approach
  • The July 2012 changes to the Immigration Rules
  • Commencement and transitional provisions
  • The SSHD’s intention behind the changes
  • Judicial rejection of the SSHD’s initial intention
  • Margin of appreciation/relevance of policy
  • The August 2017 changes to the Immigration Rules
  • ‘Complete code’ and other cases
  • Nationality Immigration and Asylum Act 2002, Part 5A: defining the public interest
  • Reasonableness and seven-year children
  • more

Since 9 July 2012 the Secretary of State for the Home Department (SSHD) has adopted a new approach to the assessment of Article 8 of European Convention on Human Rights (ECHR) immigration claims, formulating Immigration Rules which purport to define the circumstances under which an Article 8 family or private life claim will, or will not, succeed under the Rules. The new Immigration Rules were set out in the Statement of Changes in Immigration Rules HC 194, which came into general effect on 9 July 2012, and have since been frequently amended. A recent, particularly important group of changes applicable since 10 August 2017 was accomplished by Statement of Changes in Immigration Rules HC 290. This Statement includes both: (i) an apparent attempt to enable broad, fact-sensitive proportionality assessment within rather than without the Rules in new paragraphs GEN.3.1 and GEN.3.2 of Appendix FM, and (ii) express acknowledgement by new para GEN 3.3 of the duty to consider the best interests of children.

In parallel, Parliament has amended the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) by addition of a new Part 5A. This incorporates into statute the considerations which a court or tribunal must have regard to when considering whether a decision under the Immigration Acts which interferes with private and/or family life is justified under Article 8(2).

There will be