Fernandes v Secretary of State: CA 1981

Article 8 of the Convention was relied upon by the appellant to resists his return.
Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the law of this country. The Convention is a treaty and may be resorted to in order to help resolve some uncertainty or ambiguity in municipal law.


[1981] Imm AR 1


European Convention on Human Rights 8


England and Wales

Cited by:

CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative, Constitutional, Human Rights

Updated: 01 May 2022; Ref: scu.272889