(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
(a) breaches a person’s right to respect for private and family life under Article 8, and (b) as a result would be unlawful under section 6 of the Human Rights Act 1998.
- DETERMINATION AND REASONS
- Basis for Respondent’s Decision
- Appellant’s Grounds of Appeal before the First-tier Tribunal
- Appeal in the First-tier Tribunal
- YM (Uganda) v Secretary of State for the Home Department
- The Secretary of State’s appeal
- Appeal in the Upper Tribunal
- Legislative framework
- (1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
- (2) In considering the public interest question, the court or tribunal must (in particular) have regard—
- (3) In subsection (2), “the public interest question” means the question of whether an interference with a person’s right to respect for private and family life is justified under Article 8(2).
- (1) In this Part—“Article 8” means Article 8 of the European Convention on Human Rights;
- (2) In this Part, “foreign criminal” means a person—
- (3) For the purposes of subsection (2)(b), a person subject to an order under—
- (4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
- Consideration and findings
- KMO (section 117 – unduly harsh) Nigeria
- DECISION