Intermediate: Article 8, the Immigration Act and the Immigration Rules: 2 CPD
About this course
This course was last updated in May 2017.
The purported incorporation of Article 8 into the Immigration Rules in July 2012 has caused considerable confusion for lawyers and judges and generated much ongoing litigation. This course reviews the old and new case law and looks at some of the available arguments when attempting to run a ‘traditional’ human rights case.
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You can explore the course contents below.
Modules within this course
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Statutory considerations
Analysis and commentary on the statutory considerations at Part 5A of the Nationality, Immigration and Asylum Act 2002 inserted by section 19 of the Immigration Act 2014 -
Private life rules
Examination of the new Immigration Rules purporting to incorporate or reflect the private life aspect of Article 8, including paragraph 276ADE and the deportation rules -
Family life rules
Examination of the rules relating to family life and how they purport to reflect the family life aspect of Article 8, in particular Appendix FM -
Article 8 case law
Review of the cases that have addressed Article 8 ECHR since the advent of the new Immigration Rules in July 2012, including MF Nigeria in the Court of Appeal.
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