LPC Immigration Law Workshop 9 task answers + points to note

PREP TASK 1

1. ANSWER THE FOLLOWING QUESTIONS.
 Identify and apply the relevant case law, immigration rule(s) and Home
Office/UKVI policy, etc that applies to Kiran.
 You must not overlook that this is a case of automatic deportation
under section 32 of the UK Borders Act 2007.
 If you recommend that we obtain further instructions (including
evidence) when answering of these questions, please state what is
required and explain why.

 CONTEXT:
 K entered the UK 12 years ago when he was seven
 K was involved in violent disorder which led to him being convicted of
manslaughter and sentenced to 3 years in prison
 K has received a notice from the Hoe Office that he is to be
automatically deported at the end of his sentenced pursuant to section
32 of the UK Borders Act 2007


IF A QUESTION ABOUT DEFENDING A DECISION
TO DEPORT COMES UP WITH RESPECT TO A
CONVICTION + PRIVATE LIFE !!!
 APPLICATION OF THE LAW:

 Ties to the UK
 For the purposes of Article 8 ECHR a person’s private life in the UK is
found by establishing the strength of their ties to the UK which they
have established here in terms of their friends, educations and work
 A person’s contribution to society whilst in the UK, for example
voluntary work for a charity can be taken into account as a factor in the
balancing exercise necessary to decide whether their expulsion from
the UK will breach this right.

 Article 8 ECHR: “everyone has the right to respect for his private and
family life, his home and his correspondence”

 APPLIED TO THE FACTS:
 K has been in the UK for 12 years and therefore he is bound to of made
strong ties e.g. through education, leisure educations etc [been here
for 12 years he is bound to have integrated i.e. school/schools/friends
 From the information provided we know he has attended school in the
UK

 MORE INFO NEEDED

, Friends, school etc provide witness statements and show the
strengthen of the ties he has in the UK
 We need more information to ascertain that he has ties to the UK.

 APPLICATION OF THE LAW:
 Article 8 may also be engaged where the person claims that to expel
them from the UK will separate them from their family here and would
therefore constitute a breach of their right to respect for family life in
the UK.
 With respect to family those who form part of a family are partners in a
lawful and genuine marriage or civil partnership and parents and their
children.

 Family life may continue between parent and child after the child has
attained their majority because it does not suddenly stop when the
children reaches 18

 Over the age of 18
 As provided in in the case of HK (Turkey), where ‘he reached his
majority in September 2005 but continued to live at home. He had a
family life while he was growing up and I would not regard it as
suddenly cut off when he reached his majority.

 Beyond normal emotional ties
 As provided in the case of Mobeen whereby such case law has
established clearly that love and affection between family members
are not themselves sufficient. There has to be something more. Normal
emotional ties will not be enough, further elements of emotional and/or
financial dependency are necessary.
 The existence of effective, real or committed support is an indicator of
family life.

 APPLIED TO THE FACTS:
 Essentially, adult children continue to form part of the family in which
they have grown up. Thus, given that K is now 19 this does not mean
that his relationship with his family have ended, he continues to live
with them and is supported by his parents both financially and
emotionally.

 Further, the relationship with his adult sister provides evidence of a
relationship beyond normal emotional ties. His sister is disabled and
there may be evidence of dependency that goes beyond normal
emotional ties [Ahmadi case supporting his younger brother]
 IPTN: It is rare for relationships between adult siblings or adult children
and their parents to count unless there are special elements of
dependency beyond normal emotional ties

 FURTHER INFO/INSTRUCTIONS NEEDED
 Does the sister depend on him?

,  The relationship with the sister

 CAN FAMILY LIFE EXCEPTION APPLY GIVEN THE FACTS?
 The family life exception does not apply because he does not have
partner or a child
 Therefore we will have to look at the private life exemption instead.

 13.2.4 of the immigration rules: The Article 8 family life exception is
met where the foreign national has
(a) a parental relationship with a child that meets all the requirements
paragraph 13.2.5
(b)A partner relationship that meets all the requirements of paragraph
13.2.6
 13.2.5 [PART 13]
 13.2.6 [PART 13]

 THEREFORE THE FAMILY LIFE EXCEPTION CANNOT BE USED


 APPLICATION OF THE LAW:

 Requirements for private life exception
 Part 13 paragraph 13.2.3 provided that where a foreign national has
been convicted in the UK [or oversea] and received a custodial
sentence of at least 12 months, has been convicted of an offence that
has caused serious harm or is a persistent offended, the public interest
requires the foreign national’s deportation.

 However this is subject to paragraph 13.2.1(a) of part 13 of the
immigration rules which states that the private life exception in
paragraph 13.2.3 or the family life exception in paragraph 13.2.4 is
met.
 In our case, given the facts of K, 13.2.3 is relevant with respect to K’s
private life

 Paragraph 13.2.3 provides that the Article 8 exception is met where:
a. The foreign national has been lawfully resident in the UK for most of
their life and –
b. They are socially and culturally integrated in the UK and –
c. There would be very significant obstacles to their integration into the
country to which they are being deported

 Reliance is placed on sections 117B(2) and B(3) of the NIAA 2002

 APPLIED TO THE FACTS:

a. Para 13.2.3(a), the foreign national has been lawfully resident
in the UK for most of their life