The applicant had appealed to the adjudicator from the Home Secretary’s decision to refuse to allow leave to remain. One of her children suffered from cerebral palsy, and she said it was necessary to stay here for her treatment and education. On appeal from the IAT, the CA held that the adjudicator should consider not only the reasonableness of the Home Secretary’s decision, but also her article 8 rights, and the proportionality of the decision.
Judges:
Chadwick, Longmore, Carnwath LJJ
Citations:
[2005] EWCA Civ 584, Times 30-May-2005
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 20 August 2022; Ref: scu.225004