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20 JUL 2012

R (on the application of Logeswaran) v Secretary of State for the Home Department [2012] All ER (D) 161 (Jun)

Immigration - Leave to remain - Article 8 ECHR

The Claimant had not provided evidence that at the time of his removal he had established a family life in the UK.

22 June 2012

Administrative Court

McCombe J (extempore judgment)

(1)        The Claimant, a Sri Lankan national, had entered the UK in 2002 and had his asylum claim refused. Following an appeal and subsequent representations, the Defendant was removed to Sri Lanka. Whilst in the UK, he had had a daughter with his then partner. After his removal, the Claimant's partner and child were granted leave to remain in the UK. The Claimant made a renewed application for judicial review, claiming that his removal had breached his rights under Article 8 of the European Convention on Human Rights by interfering with his right to a family life.

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