UTIAC 1. That ‘precariousness’ is a criterion of relevance to family life as well as private life cases is an established part of Article 8 jurisprudence: see e.g. R (Nagre) v SSHD [2013] EWHC 720 (Admin) and Jeunesse v Netherlands, app.no.12738/10 (GC).
2. The ‘little weight’ provisions of s.117B(4)(a) and (5) of the Nationality, Immigration and Asylum Act 2002 are confined to ‘ private life’ established by a person at a time when their immigration status is unlawful or precarious. However, this does not mean that when answering the ‘public interest question’ posed by s117A(2)-(3) a court or tribunal should disregard ‘precarious family life’ criteria set out in established Article 8 jurisprudence. Given that ss.117A-D considerations are not exhaustive, in certain cases it may be an error of law for a court or tribunal to disregard relevant public interest considerations.
Storey, Perkins UTJJ
[2016] UKUT 138 (IAC)
Bailii
England and Wales
Immigration, Human Rights
Updated: 16 January 2022; Ref: scu.564168
