Article 8 of the European Convention on Human Rights and UK Immigration Law

Khan, Rai Ahmad (2022) Article 8 of the European Convention on Human Rights and UK Immigration Law. PhD thesis, University of Glasgow.

Abstract

This doctoral thesis examines the legal and jurisprudential developments associated with Article 8 of the ECHR in the immigration context. The primary objective of this thesis is to analyse whether the government has achieved its stated objectives of guiding judicial discretion by enacting primary and secondary legislation. The thesis examines both the domestic jurisprudence and that of the European Court of Human Rights to establish whether the UK’s approach coincides with that of the Strasbourg Court. Doctrinal cum contextual research methods were adopted in this thesis.

In 2012, the UK government introduced Immigration Rules claiming to be conclusive of the Article 8 proportionality assessment. After extensive judicial interpretations of the rules, courts did not treat the rules alone as conclusive of Article 8’s proportionality assessment. The government then introduced primary legislation, inserting Part 5A in the Nationality, Immigration Asylum Act 2002 to guide judicial discretion. These provisions, known as public interest considerations, have been examined at all levels of the judicial hierarchy. The analysis reveals no substantial shift from the jurisprudence predating the 2012 Immigration Rules and the enactment of public interest considerations.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Mullen, Professor Tom
• Date of Award: 2022
• Depositing User: Theses Team
• Unique ID: glathesis:2022-83225
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 25 Oct 2022 10:28
• Last Modified: 25 Oct 2022 10:34
• Thesis DOI: 10.5525/gla.thesis.83225
• URI: https://theses.gla.ac.uk/id/eprint/83225