Source: All England Reporter
Publisher Citation: [2002] All ER (D) 332 (Oct)
Court: Administrative Court
Judge:

Roderick Evans J

Representation Christopher Jacobs (instructed by Duncan Lewis & Co) for the claimant.
  John Waite (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 October 2002

Catchwords

Immigration - Entry - Leave to enter - Refusal - Spouse of United Kingdom national - Interference with Convention right to family life - European Convention on Human Rights, art 8.

The Case

In all the circumstances, it was not irrational for the Secretary of State to certify as manifestly ill-founded a claimant's contention that to refuse him leave to enter as the spouse of a British national, notwithstanding that he was not in compliance with the Immigration Rules, would be a disproportionate interference with his right to family life under art8 of the European Convention on Human Rights.

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