WEB 1226 Article 8 ECHR Update

Level: Intermediate

Description:

Reviewing the protection afforded by Article 8 ECHR in 2023, in conjunction with a detailed look at the recent changes to the Immigration Rules and recent authorities and policy/statutory changes, in order to provide practitioners with a practical update on how to prepare their cases relying on family and private life.

Topics:

• the new immigration rules – Appendix Private Life and Appendix Settlement Family Life

• the relationship between Article 8 and the Immigration Rules and the public interest considerations in the NIAA 2002 (as amended);

• entry clearance applications;

• ‘insurmountable obstacles’ and family life;

• best interests of children;

• dependent relatives and carers;

• Article 8 and appeals, including ‘new matters’

Audience: The session is aimed at all practitioners who are advising clients on claims relating to their family and private lives. Some familiarity with Article 8 would be useful, as this is not an introductory course.

Tutors: Mala Savjani, Solicitor at Wilson Solicitors for Here for Good and Vijay Jagadesham, Barrister at Garden Court North Chambers

Mala is a solicitor at Wilson Solicitors LLP for Here for Good. Her practice covers a wide range of immigration, asylum and nationality law, with particular emphasis on applications based on partnership, family and private life; asylum on the basis of sexual identity; and the rights of Europeans and their family members. Mala also volunteers for Waterloo Legal Advice Service and Rainbow Migration and is a volunteer lawyer for the charity “Here for Good”.

Vijay “undertakes a wide range of immigration and asylum work, most notably on behalf of vulnerable adults and children”(Chambers and Partners, 2019). Vijay recently returned from his sixth trip to the island of Samos in Greece, where he provided legal aid to asylum seekers and drafted numerous applications to the European Court of Human Rights in relation to age-disputed unaccompanied minors, and exceptionally secured “interim measures” against the Greek government in relation to breaches of Article 3 ECHR.

Vijay regularly engages in age assessment challenges and is particularly well placed to do so in light of his experience in immigration and asylum law and civil litigation, including actions against the police. Vijay also draws on his significant public law expertise, including two successful challenges in the Supreme Court, in bringing public law challenges in relation to all levels of decision-making. He also advises on claims for damages, under the common law and the HRA 1998. He is a contributor to the 9th edition of Macdonald’s Immigration Law and Practice.