Eric Fripp

Since 9 July 2012 the Secretary of State for the Home Department has adopted a new approach to the assessment of Article 8 of European Convention on Human Rights immigration claims, formulating Immigration Rules which purport to define the circumstances under which an Article 8 family or private life claim will, or will not, succeed under the Rules. In parallel, Parliament has amended the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) by addition of a new Part 5A. This incorporates into statute the considerations which a court or tribunal must have regard to when considering whether a decision under the Immigration Acts which interferes with private and/or family life is justified under Article 8(2). This Practice Note considers the effects of the post-July 2012 developments on assessment of Article 8 claims.

This Practice Note summarises the background to Article 8 claims under the European Convention on Human Rights (ECHR) in the immigration context, including how the ECHR is incorporated into UK law, and provides links to the series of Practice Notes on Lexis®PSL Immigration which consider the area in detail.

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 covers which rights are protected, ie family life (spouse, parent-child, inter sibling and other relationships, and the relevance of the best interests of the child) and private life, and how the right is qualified (including a summary of the Razgar test on Article 8 assessment). The Practice Note also gives a summary of the European Court of Human Rights decision in Jeunesse v the Netherlands, which is a recent examination of the applicable principles which has been influential in recent Supreme Court decisions, and looks at the important concepts of ‘insurmountable obstacles’, ‘precariousness’ and ‘exceptional circumstances’.

This Practice Note looks at the relevant procedures for non-British or Irish citizens entering into marriage or civil partnership in England and Wales following entry into force of relevant sections of the Immigration Act 2014.

This Practice Note provides advisers with practical guidance on how to approach an Article 8 claim. It looks at adjudication and evidence, and also draws out five types of Article 8 cases and summarises how a claim should be assessed in each of them. These fall under two separate headings, depending on whether they are a ‘complete code’ case or not.