Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk