UTIAC 1. The refusal of a visa to foreign nationals seeking to enter the United Kingdom for a finite period for the purpose of mourning with family members the recent death of a close relative and visiting the grave of the deceased is capable of constituting a disproportionate interference with the rights of the persons concerned under Article 8 ECHR.
2. The question of whether Article 8 applies and, if so, is breached will depend upon the fact sensitive context of the particular case.
3. The Tribunal should adopt a structured and sequential approach to the Article 8 issues.
[2015] UKUT 463 (IAC)
Bailii
European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 03 January 2022; Ref: scu.552007
