Article 8- update

The course will look at the relationship between Article 8 and the Immigration Rules since 9 July 2012 and future developments. We will also look at the recent successful case of PD (Sri Lanka) and how it has clarified the seven-year rule for children; the effect of MM in the Supreme Court on the income threshold and on Home Office policy; and the effect of Kiarie and Byndloss on appeals in Article 8 cases.

· PD (Sri Lanka) and the seven year rule for children

-Establishment of a private and family life

-Engagement of Article 8 ECHR

-The concept of interference with Article 8 rights being in accordance with the law

-The concept of interference with Article 8 rights being necessary in a democratic society

-Proportionality

· SF and Others and the approach to be taken by the Tribunal to Home Office policies

· MM, proportionality of the income threshold, and the Home Office policy on children

· Kiarie and Byndloss and in-country rights of appeal in Article 8 cases

Future developments

· Policy developments following MM

· The new Immigration Bill

Objectives - at the end of the course delegates will have an up to date knowledge of recent case law and its implications and will be in a better position to assist their clients.