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Family Law

The leading authority on all aspects of family law

25 JUN 2008

IMMIGRATION: Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39

(House of Lords; Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood; 25 June 2008)

In an appeal against refusal to enter and remain, based on the right to respect for family life under European Convention on Human Rights, Art 8, the immigration appellate authorities could not restrict themselves to consideration of the impact of the removal personally upon the appellant, but must also consider the effect on other family members with a right to respect for their family life with the appellant. If the proposed removal would be disproportionate looking at the family unit as a whole, then each affected family member was to be regarded as a victim.

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