Family life can be precarious even though Parliament forgot to mention it in the statutory considerations on Article 8. Or The Home Office May Have Its Cake And Eat It.
- That “precariousness” is a criterion of relevance to family life as well as private life cases is an established part of Article 8 jurisprudence: see e.g. R (Nagre) v SSHD EWHC 720 (Admin)and Jeunesse v Netherlands, app.no.12738/10 (GC).
- The “little weight” provisions of s.117B(4)(a) and (5) of the Nationality, Immigration and Asylum Act 2002 are confined to ” private life” established by a person at a time when their immigration status is unlawful or precarious. However, this does not mean that when answering the “public interest question” posed by s117A(2)-(3) a court or tribunal should disregard “precarious family life” criteria set out in established Article 8 jurisprudence. Given that ss.117A-D considerations are not exhaustive, in certain cases it may be an error of law for a court or tribunal to disregard relevant public interest considerations.