Saini v Secretary of State for the Home Department

The Inner House observed that if there was any material risk that the petitioner would be permanently separated from his wife and child, the rights conferred by article 8 would be very much in point. [1]

Full report available here.


[1] Compare and contrast however the decisions to reject Article 8 based claims in, among others: Singh v Secretary of State for the Home Department (Leave to Remain) Lord Bonomy, OH 11 November 1999; Ahmed (Nisar) v Secretary of State for the Home Department 2000 SCLR 761, OH; Ahmed (Nasim) v Secretary of State for the Home Department 2001 SC 705, OH; Ahmed (Saleem) v Secretary of State for the Home Department 2001 S.L.T. 1347, OH; Akhtar v Secretary of State for the Home Department 2001 S.L.T. 1239, OH; Nwokoye v Secretary of State for the Home Department, 2002 SLT 128

Art. 08 Right to Private and Family Life, Asylum & Immigration Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.