"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Saturday, 17 August 2013


'... relocation outside the EU is not an acceptable option for EU citizens'.
(Oxford Human Rights Hub).

http://ohrh.law.ox.ac.uk/?p=2652

Indirectly sending the citizen into exile? The relevance of British citizenship to proportionality under Article 8 ECHR.

Blake J’s conclusion is clear: in the absence of a conscribed list demonstrating compelling justification (factors such as criminality, adverse immigration history and lack of self-sufficiency are considered relevant), refusing entry clearance (or leave to remain) in circumstances where the British citizen partner would have to relocate outside the UK to continue family life is a disproportionate interference with rights protected under Article 8 ECHR.

Previously :
High Court finds minimum income rules disproportionate and unjustified.
http://britcits.blogspot.co.uk/2013/07/the-big-news.html

UK spouse immigration rules 'unjustified', High Court says.
http://britcits.blogspot.co.uk/2013/07/saturday-morning-catch-up.html

Out of the blue.
http://britcits.blogspot.co.uk/2013/07/beautiful-out-of-blue-this-arrived-in.html

Home Office announces that it will appeal.
http://britcits.blogspot.co.uk/2013/07/home-office-announces-that-it-will.html

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