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

The following Immigration guidance note Produced in partnership with 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 Rules or statutory provisions: ‘complete code’ and other cases
  • ‘Complete code’ cases
  • Non ‘complete code’ cases

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 new approach—this looks at the provisions introduced since 9 July 2012—in particular the 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