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

The following Immigration practice note Produced in partnership with Ellis Wilford of Lamb Building and 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 approach
  • The July 2012 changes to the Immigration Rules
  • 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
  • Precariousness
  • More...

From 9 July 2012, the Secretary of State for the Home Department (SSHD) adopted a revised approach to the assessment of Article 8 of European Convention on Human Rights (ECHR) in 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 Immigration Rules. These codifying provisions, set out in the Statement of Changes in Immigration Rules HC 194, came into general effect on 9 July 2012. They initially were purported to provide a comprehensive code for the consideration of Article 8 claims, but that position in its strongest form was rejected by courts and tribunals and gradually abandoned by the government. These Immigration Rules have been amended on a number of occasions. A particularly important group of changes applicable since 10 August 2017 was accomplished by Statement of Changes in Immigration Rules HC 290. The 2017 changes include both: (i) an apparent attempt to enable broad, fact-sensitive proportionality assessment within rather than without the Immigration Rules in the Immigration Rules, Appendix FM, paras GEN.3.1 and GEN.3.2 and (ii) express acknowledgement by new the Immigration Rules, Appendix FM, para GEN 3.3 of the duty to consider, in the Article 8 context, the best interests of any affected children.

The codification of Article 8 considerations in the Immigration Rules has

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