Hussain v Secretary Of State For Home Department [2004] EWCA Civ 1190 (30 July 2004)

Hussain v Secretary Of State For Home Department [2004] EWCA Civ 1190 (30 July 2004)

The interference with family life caused by the applicant's removal is justified in pursuit of effective immigration control, and the temporary nature of the separation does not make the removal disproportionate under Article 8 ECHR.

Citation
[2004] EWCA Civ 1190
Parties
Applicant/respondent: Sheikh Saeed Hussain; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Appeal / Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal
Outcome
Permission to appeal refused
Legal Topics
Article 8 ECHR, Family Life, Immigration Control, Leave to Remain, Impact on Children
Immigration Law Human Rights Law Article 8 ECHR Family Life Immigration Control Leave to Remain Impact on Children

Case Brief

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Parties

Sheikh Saeed Hussain

Applicant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Appeal / Application for Permission to Appeal to the Court of Appeal From the Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether removal of the applicant to Pakistan would breach Article 8 ECHR due to impact on family life
  2. 2 Whether the Immigration Appeal Tribunal erred in interfering with the Adjudicator's decision
  3. 3 Extent to which the impact on children and other family members must be considered

Ratio Decidendi

The interference with family life caused by the applicant's removal is justified in pursuit of effective immigration control, and the temporary nature of the separation does not make the removal disproportionate under Article 8 ECHR.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused