Family Migration

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Odelola and Mahad Cases & Pankina/Alvi on Immigration Rule Status
Statements of Policy which are binding on the government
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S1(4) IA 1971
Does not require admission of family members, an omission unchallengeable under S6(3) of the HRA 1998
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Article 8 ECHR
Forbids unlawful interference with family life
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Article 7 Convention of Fundamental Rights
Protects a right to family life
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Article 12 International Covenant of Economic, Social and Cultural Rights 1966
Protects a right to family life
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S84 (1c) NIA Act 2002
Breach of Article 8 provides grounds for appeal
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Article 8(2) ECHR
Allows proportional interference if achieving public order, security, health or economic well being of the country
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Huang and Quila
The decision on what is proportional is the courts to decide
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Lord Bingham in EB (Kosovo)
Each Article 8 Case will be decided on the facts and cannot be fettered
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MF (Nigeria) [2012], Green [2013]
The attempted fetterence of Appendix FM appears to have been largely ignored as previous case law is followed
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Huang and Kashmiri cases on Deportation
if a life abroad cannot be reasonably expected to be enjoyed it is a barrier to deportation, and Muse [2013] added that the proportionality of the situation is key
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Chikwamba [2008]
Removal to reapply for entry clearance can often be disproportionate
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Lord Brown in Chikwamba [2008]
The Govt. arguement of preventing "queue jumping" was not strong an that the liklehood of success of the application is not relevant
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R (Kotetcha and Das)
Time for application to conclude and the disruption removal would cause to the family life are key
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Part 8 IR Para 281
Requirement for family megrants of self maintenance, no recourse to public funds (Konstantinou v Netherlands approved this type of rule)
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KA (Pakistan) [2006]
"adequate amount of money/income" is to be objectively decided
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Ahman Ali [2008]
Absolute ban on TP maintenance assistance breaches Article 8 but a rule change by the Govt overruled this finding for child support (MW [2007])
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Mushtaq [2005]
Accommodation must be adequate, in S (Pakistan) [2004] two adult couples and four children in a three bed house was not adequate
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Immigration Leave to Enter and Remain Order 2000, SI 2000/1161
Entry clearance obtained as a married partner will also operate as leave to enter providing its duration and any conditions are endorsed on it
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Paragraph 6 of the Rules provides that sponsor means:
the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fiancé, civil partner, unmarried partner, same-sex partner or dependant relative.
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First Requirement for Spousal Migrants - FM Gen 1.3( b)
“the applicant is married to a person present and settled in the UK or who is on the same occasion being admitted for settlement”.
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Exemption for Spousal Language Test
nationals of countries deemed to be majority english speaking or where a single test centre is not available, and those with higher education qualifications in englissh
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CB Brazil [2008]
Whilst the parties must normally have previously met, some proxy marriages are valid depending on the country
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Abdulaiz "Parties must have met challenge"
Not racially discriminate under Article 14 of the Convention HR
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Meharban v ECO [1989]
Where no recent meeting, they must have an appreciation for the others appearance or personality
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Appendix FM E-ECP 2.10
Parties must intend to live permanently with the other as his or her spouse or civil partner
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Council Resolution 97//C 382/01
A sham marriage is one concluded with the sole aim of circumventing the rules on entry and residence
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Appendix FM E-ECP 2.6 & GA Ghana [2006]
The marriage must be subsisting and genuine & this was not held to be the case in Ghana where the couple were married at law but had not seen each other for 20 years
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S85(2) NIA Act 2002
In entry clearence cases the tribunal may only consider the circumstances appertaining at the time of the decision of refusal
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Apn FM Section BPILR and Section DVILR
The bereaved may obtain indefinate leave to remain if the relationship was still in existence at the time of death as do victims of domestic violance (although a certain level of seriousness must be crossed - AN (Pakistan) [2010/
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Section 24 Immigration and Asylum Act 1999
Marriage registrars must report to the ** any marriage which they have reasonable grounds for expecting to be a sham
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Para 293-303 HC 295 (?Appn FM Ex 1)
Rules for Entry of children for settlement
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Other cards in this set

Card 2


S1(4) IA 1971


Does not require admission of family members, an omission unchallengeable under S6(3) of the HRA 1998

Card 3


Article 8 ECHR


Preview of the front of card 3

Card 4


Article 7 Convention of Fundamental Rights


Preview of the front of card 4

Card 5


Article 12 International Covenant of Economic, Social and Cultural Rights 1966


Preview of the front of card 5
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