||All England Reporter
|| All ER (D) 407 (Feb)
|| EWCA Civ 233
||Court of Appeal, Civil Division
Schiemann, Rix and Keene LJJ
||Nicholas Blake QC and Rafeef Dajani (instructed by Fitzgrahams, St Leonards on Sea) for the applicant.
||Samantha Broadfoot (instructed by the Treasury Solicitor) for the Secretary of State.
||27 February 2003
Immigration - Asylum - Asylum-seeker - Removal - Separation of families - Right to private and family life - Need for immigration control - Requirement of proportionality - European Convention on Human Rights, art 8.
Where the applicant, an asylum seeker, had married a woman and assumed the role of father to her two sons whilst awaiting determination of his claim for asylum, which had taken a period in excess of four years, the Secretary of State's decision to return him to his home country had been contrary to his right to family life under art8 of the European Convention on Human Rights and disproportionate in that it had not struck a fair balance between the legitimate objective of immigration control and the applicant's rights under art8.
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