Value to the community can be taken into account in immigration cases

Thursday 26 August 2010

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In a ground-breaking human rights case, Stephen Knafler QC and Patrick Lewis have successfully acted on behalf of immigration appellants who cited their value to the community as a factor to be weighed up when deciding the outcome of their applications to remain in the UK.

The Court of Appeal held that in deciding whether the removal of a person from the UK is compatible with their human rights, their value to the community can and in many cases should be taken into account.

The court ruled that when a decision-maker is undertaking the balancing exercise required to determine whether the removal of an individual from the UK is proportionate under Article 8 ECHR (right to family life), the individual's value to the community in this country is a relevant consideration to be taken into account. However, this judgment was qualified by indications from the judges that, in practice, this factor is unlikely to carry much weight in the decision-maker's evaluation.

For the full judgment, click here.

To read detailed commentary on the case, click here to visit the UK Human Rights Blog.

Stephen Knafler QC and Patrick Lewis are both members of the Garden Court Immigration Team.

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