IAT The assessment of an in-country Article 8 claim will normally first require consideration of (i) whether there are insurmountable obstacles to the appellant’s family accompanying him or her abroad and then second, (ii) whether even if there exist such obstacles, there is a viable option of an entry clearance application.
The fact that before being able to apply for entry clearance a person may have to perform military service in his country of origin will not normally be a factor of any significance in assessing the proportionality of a return in the context of Article 8.
Citations:
[2006] UKAIT 00044
Links:
Statutes:
European Convention on Human Rights 8
Immigration, Human Rights
Updated: 06 July 2022; Ref: scu.241834