‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate. As such, understanding what falls under “the public interest” will be very significant when attempting to establish any factors which might weigh against an individual’s Article 8 rights in the context of this proportionality exercise. Therefore, in the following article, we will provide an overview of the different factors that form part of these “public interest” considerations and explore how they interact with Article 8 (ECHR).’

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EIN Blog, 12th September 2023

Source: www.ein.org.uk