Border Control in UK Law

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Leading Cases
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • VW (Uganda) v Secretary of State for the Home Department; AB (Somalia)
    • Court of Appeal (Civil Division)
    • 16 Jan 2009

    Ms Busch adopts what I said in §11–14 of my judgment in that case. But for the present, at least, the last word on the subject has now been said in EB (Kosovo). While it is of course possible that the facts of any one case may disclose an insurmountable obstacle to removal, the inquiry into proportionality is not a search for such an obstacle and does not end with its elimination. It is a balanced judgment of what can reasonably be expected in the light of all the material facts.

  • R (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 Jun 2004

    The answering of question (5), where that question is reached, must always involve the striking of a fair balance between the rights of the individual and the interests of the community which is inherent in the whole of the Convention. The severity and consequences of the interference will call for careful assessment at this stage. The Secretary of State must exercise his judgment in the first instance.

  • EB (Kosovo) v Secretary of State for the Home Department
    • House of Lords
    • 25 Jun 2008

    It will, for example, recognise that it will rarely be proportionate to uphold an order for removal of a spouse if there is a close and genuine bond with the other spouse and that spouse cannot reasonably be expected to follow the removed spouse to the country of removal, or if the effect of the order is to sever a genuine and subsisting relationship between parent and child.

  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Fev 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • R Onkarsingh Nagre v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 28 Mar 2013

    It is only if, after doing that, there remains an arguable case that there may be good grounds for granting leave to remain outside the Rules by reference to Article 8 that it will be necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under the new rules to require the grant of such leave.

  • MF (Nigeria) v Secretary of State for The Home Department
    • Court of Appeal (Civil Division)
    • 08 Out 2013

    Rather it is that, in approaching the question of whether removal is a proportionate interference with an individual's article 8 rights, the scales are heavily weighted in favour of deportation and something very compelling (which will be "exceptional") is required to outweigh the public interest in removal.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • UK further delays border control checks on EU food imports
    • LexBlog United Kingdom
    The United Kingdom has again pushed back border control checks for some food products imported from the European Union. The UK government cited the impact of the coronavirus pandemic on businesses ...
  • Davey Takes Control Of Cross-Border Energy Projects
    • Mondaq United Kingdom
  • Weekly Data Privacy Alert – 6 April 2015
    • LexBlog United Kingdom
    Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cyber Security team. This week’s alert covers news from the EU, the UK and the US. Austral...
    ...... to Improve Privacy Management at the Department of Immigration and Border Control EU Amazon’s Cloud Services Declared Safe by the Article 29 ......
  • UK border posts in race to be ready for EU import checks
    • LexBlog United Kingdom
    Concerns have been raised again that several border control posts in the United Kingdom may not be ready by January when checks on some imports from Europe are scheduled to come into force. Physica...
    ...Concerns have been raised again that several border control posts in the United Kingdom may not be ready by January when checks on some imports from Europe are scheduled to come into force. Physical checks on ......
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