R (Agyarko) v Secretary of State for the Home Department
[2017] UKSC 11
Ratio Decidendi
The immigration rules and Article 8 ECHR require a proper assessment of proportionality when considering whether to grant leave to remain on the basis of a private or family life established in the UK.
Fapte
The appellants were overstayers in the UK who had formed relationships with British partners. Their applications for leave to remain were refused. They argued the refusals breached their Article 8 rights.
Rezumatul hotărârii
The Supreme Court held that the Immigration Rules do not provide a complete code for Article 8 cases. Where there are exceptional circumstances, Article 8 may require leave to be granted outside the rules, but precariousness of immigration status is relevant to the proportionality assessment.
Citate cheie
"A person's immigration status is a relevant factor in the proportionality assessment, but it is not determinative."
— Lord Reed
Tratament ulterior
Followed in subsequent Article 8 immigration cases.