An applicant for asylum had had his case rejected and was separated from his family whose similar application had not yet been finally determined, but he remained in close contact with them. He was imprisoned, and on his release ordered to be deported to Argentina. He complained, successfully that the effect would be to destroy any chance of family life. It was held that the effect of deporting him without waiting for the result of his wife’s application was disproportionate in the effect it would have on his family life. No order was made on an undertaking from the Home Secretary to await that decision.
Citations:
Times 29-Nov-2000
Statutes:
European Convention on Human Rights
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 05 June 2022; Ref: scu.88643