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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

Article 8 and entry clearance applications

07 May 2015 McGill & Co Solicitors Immigration

The Court of Appeal has recently issued judgement in SSHD v SS (Congo) and Others, [2015] EWCA Civ 387 concluding  there could still be cases where Article 8 ECHR might require that an individual who did not meet the requirements of the Immigration Rules should still be granted leave to enter. The case resulted from the minimum income level case for spouses of R (MM (Lebanon)) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)  in which the Court of Appeal had overturned the magnificent judgement of Blake, finding in favour of the Secretary of State , holding that due weight had to be given to the judgment of the Secretary of State who was entitled to impose a minimum income level.

The court of Appeal in SS, concluded that despite the decision in MM ( Lebanon) there will still be cases which are capable of falling outside the Rules and where an Article 8 consideration might require that leave be granted outside the Rules. They provide guidance as to the weight to be given to the Rules when balancing individual interests and the public interest .

Concluding that where such family life cases are presented in terms of Article 8 outwith the rules, then the consideration is one of 'compelling circumstances' and shows some confidence that such cases can nevertheless succeed.




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