‘A very young wife was lawfully brought to the United Kingdom, where she was dependent upon her husband and his family, and where she gave birth to a child who has major disabilities. Her husband made little effort to secure for her the immigration status to which she was entitled and when the marriage got into difficulties, she was then sent out of the country with no right to re-enter. The result is that she and her child have been separated for the past three years, a situation that is a wholesale breach of their right to respect for their family life under Article 8 of the European Convention on Human Rights. The only way in which this breach can be remedied is by the mother regaining the ability to enter this country. The nature of the child’s condition means that while his mother remains abroad there is no opportunity for any meaningful relationship between them.’
Judges:
Mr Justice Peter Jackson
Citations:
[2014] EWHC 2110 (Fam)
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Family, Immigration, Human Rights
Updated: 31 August 2022; Ref: scu.534359