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Family Law

The leading authority on all aspects of family law

19 JUL 2007

Family and immigration cases: implications for practice

Nadine Finch, Barrister, Garden Court Chambers. This article brings together a few immigration cases which potentially have either a legal or practical impact on the family jurisdiction. The recent case of Huang v Secretary of State for the Home department; Kashmiri v Secretary of State for the Home Department [2007] UKHL 11, [2007] INLR (forthcoming) emphasised the importance of the family in the immigration context. The immigration status of a parent can play a crucial role in a child's future when a decision is being taken in the family courts. The rules are strict and often parents and children must rely on Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. Case law shows that there are certain conditions which must be fulfilled in order to qualify.

There are a wide range of family issues at stake in immigration cases including adoption, access to public funding, the treatment of age-disputed unaccompanied minors, and whether or not discretionary leave to remain will be granted for the duration of family proceedings in this country. The author considers these points and others as they relate to recent cases and the legal requirements and hurdles facing families with immigration difficulties and their lawyers - are identified. For the full article see August [2007] Fam Law.

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