Family life can be precarious even though Parliament forgot to mention it
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.