Upper Tribunal Judge Craig takes a hardline stance against certification as clearly unfounded an Article 8 claim based on 19 years unlawful residence in the case of R (on the application of Singh and another) v Secretary of State for the Home Department IJR [2015] UKUT 134 (IAC):

In this case, there has been no evidence put either before the respondent or before the Tribunal which is or could be capable of persuading a decision maker that the claim should be allowed outside the Rules. The Rules, which have been approved in Parliament, set out circumstances in which an Article 8 claim can succeed where an applicant has been in this country for over twenty years or in certain other prescribed circumstances. None of these circumstances apply in this case and there is no other reason advanced (beyond the fact that they have been in the UK for a long time, but on any view less than 20 years) as to why these applicants should nonetheless be allowed to remain.