Article 8 of the European Convention on Human Rights protects the right to private and family life. An asylum claim, although primarily based on a well founded fear of persecution or serious harm in the applicant’s country of origin, often also includes a claim that removal would breach the applicant’s private and/or family life.
In our recent contribution to the free movement blog Iain Halliday discusses recent cases of the English and Scottish courts which highlight the different considerations required under article 8. Arguments based on private and family life are often summarily dismissed by the Tribunal at the end of an asylum judgement, without detailed consideration of whether the different (and lower) legal threshold has been met. The higher courts have confirmed that this is not the correct approach.
You can read the full post on the free movement site here.
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