4th Dec 2007



In considering the claim for lweave to remain in the UK based on rights under the European Convention on Human Rights 1950 Art 8, the Asylum & immigration Tribunal had erred in failing to apply the test in R v Sec State for Home Dpt (No 2) [2004] 2 AC 368 when addressing the question whether any interference with teh claimant's right to family life had in fact engaged art 8 of the Convention. Cited recently by Lord Brown in Beoky-Betts v SecState for the Home Dpt [2008]39 at para 34.


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Satvinder Juss

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