Article 8 in the immigration context
Produced in partnership with Eric Fripp of Lamb Building
Article 8 in the immigration context

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 in the immigration context
  • Family life
  • Private life
  • A qualified right—the Razgar test
  • Interference with private and family life
  • Illustration: Jeunesse v the Netherlands
  • Important concepts: ‘insurmountable obstacles’, ‘precariousness’ and ‘exceptional circumstances’

This Practice Note provides a detailed description of the scope of Article 8 of the European Convention on Human Rights (ECHR), and the protections it gives in the immigration context. It is the second in a series of closely related Practice Notes, which also includes:

  1. Article 8 immigration claims—this provides a general introduction to the current state of play on Article 8 immigration claims, including details as to how the ECHR is incorporated into UK law

  2. Article 8 claims since 9 July 2012—the Secretary of State’s approach—this looks at the provisions introduced since 9 July 2012 which set out how Article 8 assessments should be undertaken in immigration cases by the Home Office and by the domestic courts/tribunal—in particular the changes to the Immigration Rules and new Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002)

  3. Navigating an Article 8 claim—this provides practical guidance to advisers as to how an Article 8 assessment should be undertaken

In addition, Practice Note: Human rights claims in visitor applications looks at the Home Office’s policy for considering human rights claims in visitor applications, and considers the approach of the tribunal and courts in relation to Article 8 claims in that context.

The main protections Article 8 provides in the immigration context focus upon respect for ‘family life’ and ‘private life’. These terms are