The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad.
Held: Where a case was properly founded on Article 8 grounds, it was not only cases involving children where proper consideration was to be give to allowing an appeal to go ahead in this country and without having to apply from abroad, and Chikwamba should not be read to create such a restriction.
Judges:
Jacob LJ, Sullivan LJ, Patten LJ
Citations:
[2009] EWCA Civ 953, Times 05-Oct-2009
Links:
Statutes:
European Convention of Human Rights 8
Jurisdiction:
England and Wales
Citing:
Cited – Chikwamba v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 06 December 2022; Ref: scu.375161