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. The procedural safeguard for Art 8 rights under NIAA 2002

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll