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Article 8 assessed at date of decision in entry clearance cases

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.

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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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