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Fresh guidance from Supreme Court on article 8

Related Member(s):
Hugh Southey QC
Related Practice Area(s):
Immigration, Asylum and Free Movement

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, it held that there was a need for flexibility when private life developed while immigration status was precarious. It also held that a person is not necessarily an economic burden if funded by third parties.

Hugh Southey QC and David Sellwood of Garden Court chambers were instructed by Muhunthan Paramesvaran of Wilson Solicitors LLP.