header-logo header-logo

08 February 2013
Issue: 7547 / Categories: Case law , Law digest , In Court
printer mail-detail

Immigration

R (on the application of KA) v Essex County Council [2013] EWHC 43 (Admin), [2013] All ER (D) 205 (Jan)

It was established law that Art 8 of the European Convention on Human Rights provided expressly for the rights to family and private life, but that implicitly included the right for procedural protection which was fair and effective and such as to afford due respect to the safeguarded rights. Paragraph 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) required an authority to consider whether and to what extent the provision of support under the Children Act 1989 (ChA 1989) was necessary to avoid a breach of an individual’s rights under the Convention. In principle, that included the right to a relevant procedural safeguard. Each case was to be considered on its own facts and circumstances. Where there was an outstanding application for leave to remain, an authority should respect the right to that procedural safeguard under Art 8 of the Convention, at least in cases that were not obviously hopeless or abusive.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll