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06 DEC 2007

IMMIGRATION: AB (Jamaica) v Secretary of State for the Home Department

(Court of Appeal; Sedley and Thomas LJJ and Sir Peter Gibson; 6 December 2007)

The husband of an overseas overstayer was entitled to have his right to family life taken into account by a tribunal considering removal of the overstayer, although he was not a formal party to the removal proceedings. Depending on the particular case, there could be a world of difference between expecting a foreign national, although settled here, to return with his family to his country of origin and expecting a British citizen who had lived in the UK all his life and had an inalienable right of abode in the UK, to live and work and find accommodation in another country or else forfeit his marriage.

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