The following Immigration guidance note Produced in partnership with Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:
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:
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
Article 8 claims since 9 July 2012—the Secretary of State’s new 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)
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234