ABDADOU v Secretary of State for the Home Department
| Jurisdiction | Scotland |
| Judgment Date | 06 March 1998 |
| Docket Number | No 54 |
| Date | 06 March 1998 |
| Court | Court of Session (Outer House) |
OUTER HOUSE
Lord Eassie
ImmigrationDeportationIllegal immigrantAlgerian national entering UK illegally and marrying British nationalMarriage under two years from enforcement proceedingsPetitioner contacting authorities personally applying to regularise immigration positionAlgeria accepted to be subject to violent civil law and internal strife and UK citizens advised not to visitWhether refusal of application conformed with policy guidelinesWhether refusal contrary to European Convention on Human RightsImmigration Policy Statement DP3/96European Convention on Human Rights, art 8
The Immigration Policy Statement DP3/96 sets forth guidelines regarding the process of allowing nationals of other states to remain in the UK. The introductory first paragraph states, inter alia, that: Deportation cases fall to be considered within the framework of the Immigration Rules andthe guidelines should be read in conjunction with those rules. Although illegal entry cases are considered outside the Rules, any relevant compassionate circumstances, including those referred to below, should be considered before a decision to remove is taken." Paragraph 3 states, inter alia, that:[Where persons] are illegal entrants liable to removal, but seek nevertheless to remain on the basis of marriage in the United Kingdom, the following paragraphs of this guidance apply. Paragraph 4 states, inter alia, that: Where enforcement action is under consideration and the offender is married to someone settled here a judgment will need to be reached on the weight to be attached to the marriage as a compassionate factor[T]he fact that an offender is married to a person settled here does not give him/her any right to remain under the Rules. Paragraph 5 states,inter alia, that: As a general rule,deportation actionshould not normally be initiated in the following circumstances:(a) where the subject has a genuine and subsisting marriage with someone settled here and the couple have lived together in this country continuously since their marriage for at least two years before the commencement of enforcement action; and (b) it is unreasonable to expect the settled spouse to accompany his/her spouse on removal. Paragraph 8 states, inter alia, that: Where a person marries after the commencement of enforcement action removal should normally be enforced. The criteria set out in paragraph 5 do not apply in such casesMarriage cannot therefore in itself be considered a sufficiently compassionate factor to militate against removal...
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