Navigating an Article 8 claim
Produced in partnership with Ellis Wilford of Lamb Building and Eric Fripp of Lamb Building
Navigating an Article 8 claim

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:

  • Navigating an Article 8 claim
  • Adjudication
  • Establishing the facts—what evidence to submit and when
  • Identifying relevance of the Immigration Rules or statutory provisions: ‘complete code’ and other cases
  • ‘Complete code’ cases
  • Type 1—complete code case, person meets detailed provision of the Immigration Rules and/or Part 5A of the Nationality, Immigration and Asylum Act 2002 prior to broad Article 8 examination
  • Type 2—complete code case, person meets a provision of the Immigration Rules involving broad Article 8 examination
  • Non ‘complete code’ cases
  • Type 3—non-complete code case, person meets the requirements of one of the categories within the Immigration Rules expressly described as addressing Article 8
  • Type 4—non-complete code case, person does not meet the requirements of one of the categories within the Immigration Rules which purport to incorporate an Article 8 assessment
  • More...

This Practice Note provides advisers with practical guidance on how to approach an Article 8 claim. It is the fourth 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 European Convention on Human Rights (ECHR) is incorporated into UK law

  2. Article 8 in the immigration context—this provides a detailed description of the scope of Article 8, and the protections it gives in the immigration context

  3. Article 8 claims since 9 July 2012—the Secretary of State’s approach—this looks at the provisions introduced since 9 July 2012—in particular, successive changes to the Immigration Rules and new Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002)

Adjudication

In R (Razgar) v Secretary of State for the Home Department (SSHD) Lord Bingham identified the five questions which in principle represented the correct approach to Article 8 decision making. Those questions have since been used as a framework for decision making both by the SSHD and on adjudication by courts and tribunals. See Practice Note: Article 8 immigration claims. It is plain from Razgar that the adjudicating court or tribunal must come to its own view on the material before it. For example, as to the often critical question of proportionality,

Related documents:

Popular documents