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Article 8 assessed at date of decision in entry clearance cases

Article 8 is to be assessed as at the date of decision in entry clearance cases, the Court of Appeal has found:

Accordingly, I would reject the date of decision argument. The decision under appeal was, as regards article 8 as much as the policy issue, the ECO’s decision of 12 March 2012; and the relevant circumstances were thus, in accordance with section 85A (2), those appertaining at the date of that decision.

Source: Gurung v The Entry Clearance Officer, New Delhi [2016] EWCA Civ 358 (07 April 2016)

This post has been corrected. It originally suggested that Article 8 was to be assessed at the date of appeal, which is incorrect. We are grateful to those readers who pointed this out.

Free Movement
Free Movement The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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