Controversial new human rights rules rejected

The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC).
In short the tribunal holds that immigration judges must start their determination of a human rights case by deciding the case under the immigration rules, including the rules that purport to define Article 8. If the case does not succeed under the rules the judge must go on and decide the case under what we might term ‘real Article 8′, as required by s.6 of the Human Rights Act 1998 and the Convention itself. However, the changes to the rules and measures such as the introduction of time periods before residence will be granted do shift the terms of the debate and make clear the added importance the Secretary of State now attaches to deporting foreign criminals.