The claimant appealed refusal of his claim for asylum, saying that an order for his removal would breach his article 8 rights in separating him from his family.
Held: The Tribunal was wrong to think that Advic said that family ties could never give rise to an article 8 infringement on removal. The issue was one of fact in each case. The applicant had lived with one or other of his siblings since arrival, and there would be a fresh hearing.
Judges:
The President
Citations:
[2004] EWCA Civ 950, Times 03-Aug-2004, [2005] 1 FLR 229
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Salad IAT 2002
. .
Cited – Advia / Advic v United Kingdom ECHR 6-Sep-1995
(Commission) In the ordinary course of events the fact that there are siblings in the same jurisdiction as an applicant does not establish a family life per se. There must be some genuine connection between siblings for family life to obtain, . .
Cited by:
Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 11 June 2022; Ref: scu.199811