Case summaries

The High Court granted an order under section 4 of the Human Rights Act 1998 that the scheme of “Right to Rent” set out in sections 20-37 of the Immigration Act 2014 was incompatible with ECHR rights, along with a further order that it could not be extended beyond England without a further evaluation. 

The UK Secretary of State for the Home Department’s (SSHD) refusal to accede to a take charge request of a stateless wife and her child in Greece wishing to reunite with their British husband/father in the UK is a breach of Article 7 Charter/8 ECHR (and Article 6(1) of the HRA 1998) on the basis that the SSHD’s decisions were disproportionate and not justified. Notwithstanding that the husband/father is a British citizen, the Dublin Regulation applies, notably Articles 9 and 17(2). In respect of Article 9 Dublin Regulation III, it can be relied upon even where an individual in receipt of international protection subsequently naturalises as a British citizen. 

The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge. 

The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.

To ensure that their decisions are compatible with the Human Rights Act 1998 (“the HRA”) however, revisions to instructions for entry clearance officers (“the Instructions”) are necessary.

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4). 

The killing of 3 IRA terrorist by SAS soldiers in order to prevent a suspected bomb attack is alleged as a deprivation of the right to life under Article 2 of the Convention. The ECtHR rules that the UK authorities were in breach of Article 2 in the control and organisation of the operation against the suspects.

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.