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Abdadou v Secretary of State for the Home Department
January 30, 2009 | No CommentsLord Eassie in upholding a judicial review challenge to a decision to deport an Algerian national. He had entered the country illegally in 1992 and had contracted a marriage four years later. It was held that the Secretary of State had failed to take any proper notice of the fact of the marriage had taken place binding himself instead to his understanding of a Home Office policy to disregard and discount any marriage had lasted for less than two years at the time of an enforcement action being taken. The Lord Ordinary observed that although the European Convention on Human Rights 1950 Article 8 provided nation states with a wide discretion in the formulation of immigration rules, a decision could be so disproportionate that it fell outwith the margins within which national law could operate and that this was, in the circumstances then pertaining in Algeria, such a decision.
Full report available at: 1998 SC 504, OH
Art. 08 Right to Private and Family Life, Asylum & Immigration Law
