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Article 8 of ECHR and Immigration

  • 18-01-2010 10:09am
    #1
    golum
    Closed Accounts Posts: 70 ✭✭


    Was wondering if anybody could point me in the direction of a case (the more recent the better) dealing with the above. In particular I am looking for a case that involved not deportation from a contracting state but permission to enter/reside in such a case, ideally involving a minor.


Comments

  • #2
    walrusgumble
    Banned (with Prison Access) Posts: 3,062 ✭✭✭walrusgumble


    golum wrote: »
    Was wondering if anybody could point me in the direction of a case (the more recent the better) dealing with the above. In particular I am looking for a case that involved not deportation from a contracting state but permission to enter/reside in such a case, ideally involving a minor.

    When dealing with family members who are non EU (and spouse living in their own country, though see ECJ case of Carpenter v UK or limited case of Chen, for exceptions), Artilce 8 is a double edged sword, it can go either way as no state is obliged if guarantee to respect choice of residence and there may be problems if a family member has a deportation order and then gets married. Also take note of Artilces 3 and 14. Check out books such as

    ECHR & Irish Law , Edited by Ursula Kilkelly where there are numerous cases dealing with family reunification. Some main cases to be concerned are

    + Abdulaziz, Cabales & Balkandali v UK 1985
    + Gul v Switzerland


    There is a very very good website containing cases law from ECHR. Google ECHR case law to get it. I will edit this later for more info


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