Immigration Law Update: Article 8: Singh v The Secretary of State for the Home Department [2015] EWCA Civ 74

Read the judgment here.

This case concerns the conflicting decisions of the CA: Edgehill v SSHD [2014] EWCA Civ 402 and Haleemudeen v SSHD [2014] EWCA Civ 558 and whether the old or new rules should apply to Article 8 applications made prior to 9 July 2012 and/or following further changes made and in force from 6 September 2012. Held that the SSHD is entitled to apply Appendix FM to decisions following the statement of changes in force from 6 September 2012 regardless of when that decision was made.  Decisions made between 9 July and 2012 and 5 September 2012 will fall to be decided under the old rules, as per Edgehill.

A second issue raised considers the two-stage Article 8 approach (§3). In §§60-67 there is an outline of the approach in Izuazu and Nagre, cited with approval and an ‘explanation’ of some passages from Ganesabalen v SSHD [2014] EWHC 2712 (Admin), including the need for there to always be a second stage consideration.

 


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