Family migration and Article 8 Flashcards

1
Q

For an adult dependent relative, what are the relationship requirements?

A

The applicant must be the sponsor’s:

  • Grandparent (any age)
  • Parent (age 18+)
  • Brother or sister (aged 18+)
  • Son or daughter (aged 18+)
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2
Q

For adult dependent relatives, what are the “care requirements”?

A

The applicant must need “long-term personal care to perform everyday tasks”

(Everyday tasks are defined by the Home Office as dressing, cooking and washing, though the Tribunal has said it is not limited to this)

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3
Q

Which section of which Act (inserted by which Act) sets things courts must consider in Article 8 cases?

A

Nationality, Immigration and Asylum Act 2002 s117A-D

(Created by Immigration Act 2014)

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4
Q

Under s117A-D NIAA 2002, who is bound to apply the factors set out when making decisions (and who isn’t)?

A

The sections only bind courts or tribunals (not Home Office officials)

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5
Q

Under s117B NIIA 2002, what factors must courts consider when weighing Article 8 in all cases?

A
  • Not speaking English counts against you
  • Not being financially independent counts against you
  • Little weight for family or private life formed when you have unlawful status
  • Little weight for private life (only) formed when you have precarious status
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6
Q

What does s117B NIAA 2002 say about children?

A

Except for deportation cases, the public interest doesn’t require a person’s removal where:

a. They have a genuine, subsisting parental relationship with a child who is British or who has lived here for seven years

b. It would not be reasonable to expect the child to leave the UK

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7
Q

Which case defined the meaning of “precarious” immigration status for the purposes of s117B NIAA 2002, and what did it say?

A

Rhuppiah v SSHD [2018]

“Precarious” means anything short of ILR

(This bright-line approach is, UKSC says, adopted from ECtHR jurisprudence)

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8
Q

Which is the only provision of s117A-D NIAA 2002 which favours migrants?

A

s117B(6) - the public interest does not favour removal if a person has a genuine, subsisting parental relationship with a child who is British or who has lived in the UK for seven years (only for non-deportation cases)

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9
Q

Razgar v SSHD (2004) holds that:

A
  1. Article 8 can in principle be engaged for reasons beyond family life, such as medical treatment, though it would take extremely exceptional circumstances to outweigh the interest in immigration control
  2. SSHD was wrong to certify Mr Razgar’s claim as manifestly unfounded
  3. A 5-part test is set out for dealing with human rights in immigration cases
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