AIT 1. Neither Boultif v Switzerland [2001] 33 EHRR 50 nor Amrollahi v Denmark (11 July 2002, BAILII: [2002] ECHR 585) is authority for the proposition that the burden of proof lies on the respondent to show that it is reasonable to expect an applicant’s family to accompany him to his own country of origin (where he has a right of residence and where it is probable his country makes provision in its immigration law for family reunion).
2. The European Court of Human Rights has not seen a period of delay of limited duration (before an applicant can be considered for re-admission to the country where he had established family ties) as in itself giving rise to disproportionality: see e.g. Kaya v Germany Appn. No. 31753/02 28 June 2007), [2007] Imm AR 802, para 68
Citations:
[2008] UKAIT 00054
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 17 July 2022; Ref: scu.270760