Fresh guidance from Supreme Court on article 8


Re: Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58

The Supreme Court has delivered important guidance on the approach to s 117B of the Nationality Immigration and Asylum Act 2002. Although it rejected arguments that a narrow approach should be adopted to precarious immigration status, the Court held that there was a need for flexibility when private life developed while immigration status was precarious. The Court also held that a person is not necessarily an economic burden if funded by third parties.

Hugh Southey QC was involved in this case.