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Human rights challenges
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What is Article 8? For further information see the Rights Info website. Article 8 is a qualified right, which means that it can be interfered with by a public authority, such as the Home Office, in certain circumstances.
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Article 8 2 provides that:. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Immigration control is generally accepted to fall within the reasons specified in the convention. When is Article 8 relevant?
Article 8 is relevant to many immigration cases. What is the current law on Article 8? The Immigration Rules set out what the Home Office believes are the parameters of an Article 8 claim.
The Rules also set out the process applicants must follow and the requirements that the Home Office will apply when it makes decisions on applications under Article 8. Over many years, domestic and the courts have made clear in various judgments that the introduction of the new rules does not affect the previously established principles on Article 8, which still apply. The new rules and applications within or outside the Immigration Rules continue to be the subject of litigation and it is important that anyone considering making an application under Article 8 obtains legal advice on their rights and prospects.
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