UTIAC A decision to remove a claimant is in accordance with the law even if at the time of the decision there is a policy or practice not to enforce removals.
A decision to remove someone to Zimbabwe is not inconsistent with the statement of policy announced in October 2009.
A decision that was contrary to an established policy may be contrary to the law and thus incapable of justification under Article 8 ECHR.
In the absence of strong countervailing factors residence of 8 years in the United Kingdom with a child is likely to make removal at the end of that period not proportionate to the legitimate aims in this case.
Blake P
[2012] UKUT 56 (IAC)
Bailii
European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 11 November 2021; Ref: scu.451471