Adrian Berry wins Court of Appeal case on the procedural protection afforded by Article 8 ECHR

Tuesday 23 October 2012

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Adrian Berry has won an important Court of Appeal case on the procedural protection afforded by Article 8 ECHR where there are parallel family proceedings and immigration proceedings.

The Court of Appeal held today in a unanimous judgment in Rhomaine Mohan v Secretary of State that the Upper Tribunal had acted unlawfully in dismissing an appeal against deportation in circumstances where the deportee was engaged in extant family proceedings concerning the best interests of his child. In so holding the Court relied upon the procedural protection afforded by Article 8 ECHR and the submission that by dismissing the deportation appeal the Tribunal had impermissibly pre-empted and prejudiced the family proceedings.

To read the full judgment click here.

Adrian represented Mr Mohan and was instructed by Ron Brickley of Wilson Barca Solicitors.

Adrian Berry is a member of the Immigration - Asylum and Human Rights Team.

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