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Article 8 ECHR, Family Reunification and the UK's Supreme Court: Family Matters?

Article 8 ECHR, Family Reunification and the UK's Supreme Court: Family Matters?

Author: Helena Wray
Publisher: Hart Publishing
ISBN: 9781509902576

Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509966073

List Price: RM631.80

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Description
Contents

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This book focuses on a series of judgments by the UK's Supreme Court on the application of the right to respect for family life, contained in article 8 ECHR, to immigration decisions. These judgments have required the government to amend several aspects of its family migration policy and have become the centre of legal and political controversy, raising questions about the judicial function in a modern democracy, the influence on the legal system of European human rights law and the difficulties of controlling immigration in a globalised world. They have drawn judges into new territory and there is evidence that the senior judiciary is itself divided. Meanwhile, attempts by the government to reverse these judgments through rule changes and legislative amendment have added new layers to an already complex legal framework. In so doing, the book explains why the relationship between Article 8 and immigration is so legally and political complicated.

Acknowledgements

Table of Cases

Table of Legislation

1. Introduction: Family Reunification, Human Rights, and Judges

1. About the Book 2. Chapter Outline 3. Family Reunification 4. Human Rights and Family Life 5. Judges 6. Methodology

2. Introduction to the UK's Constitutional, Court and Immigration System

1. Introduction 2. The UK's Legal and Constitutional Framework 3. The Human Rights Act 1998 4. Regulating Family Reunification in the UK 5. The Immigration Control Framework in the UK 6. Appeals and the Court System 7. Conclusion

3. The European Court of Human Rights: Strait Is the Gate

1. Introduction 2. Why Is Family Reunification and Article 8 So Problematic? 3. Article 8(1): Family Life 4. Article 8(2) Proportionality 1: Immigration Controls, Positive Obligations and the Margin of Appreciation 5. Article 8(2) Proportionality 2: Fair Balance 6. Conclusion

4. Huang: Breathing Life into Article 8

1. Introduction 2. The Immigration Battleground 3. A Sense of Judicial Purpose 4. The Legal Problem Addressed by Huang 5. The Legal Findings in Huang 6. 'Human Beings Are Social Animals' 7. The Aftermath of Huang 8. The Significance of Huang and Its Limits 9. Conclusion

5. 'Good News from On High': The First Post-Huang Phase

1. Introduction 2. Beoku-Betts: Including All the Family 3. Chikwamba: Applying In-Country or Abroad 4. EB (Kosovo): Delay, Proportionality and Reinforcing Huang 5. Reflections on the First Phase Decisions 6. Conclusion

6. Still Family First: The Second Post-Huang Phase

1. Introduction 2. Baiai: The Right to Marry 3. Mahad: Third Party Support 4. ZH (Tanzania): The Best Interests of Children 5. Quila: Forced Marriage and the Minimum Age for Sponsorship or Entry 6. A Complex Relationship with Article 8 7. Conclusion

7. The Supreme Court Rolls Back: The Third Post-Huang Phase

1. Introduction 2. A New Background 3. Ali and Bibi: Pre-Entry Language Testing 4. MM (Lebanon): The Minimum Income Requirement 5. Agyarko: Regularisation and Precariousness 6. Reflections on the Third Phase Decisions 7. Reflections on Huang and the Three Phases 8. Conclusion

8. A Better Article 8 Is Possible

1. Introduction 2. Why Human Rights? 3. Stick or Twist? The Case for Treating Family Reunification as a Positive Obligation 4. Family Life beyond the 'Core' Family 5. The Public Interest 1: The 'General Interest' and Family Life 6. The Public Interest 2: Immigration Control 7. Precarious Residence and Exceptionality 8. Sponsors and Citizenship 9. Family Life and Immigration: The New Approach in Practice 10. Conclusion

9. Concluding Remarks

1. Introduction 2. The Impact of Article 8 on Immigration Policy 3. The Supreme Court as a Moral and Political Actor 4. A Coherent Legal Interpretation of Article 8 5. Final Words: Making Family Matter

Appendix

Bibliography

Index