- Supreme Court examines unlawful presence and Article 8 rights (R (on the application of Agyarko and another) v Secretary of State for the Home Department)
- Original news
- What was the background to the case?
- What issues arose for the Supreme Court’s consideration?
- What did the court decide and why?
- Correct approach to removal
- Insurmountable obstacles
- Exceptional circumstances
- EU law
- Lawfulness of Secretary of State’s decisions
- Does the court’s judgment clarify the law in this area? Are there any unresolved issues of which practitioners should be aware?
- How does the decision fit in with other developments in this area of law?
- What should lawyers take from the judgment?
Immigration analysis: Are the criteria for granting leave to remain to a non-EEA national who has formed a relationship with a British citizen while unlawfully in the UK compliant with the right to family life? Parminder Saini, barrister, of 12 Old Square, explains the Supreme Court’s answer in R (on the application of Agyarko).
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