F1PART 5AArticle 8 of the ECHR: public interest considerations

Annotations:
Amendments (Textual)

117AApplication of this Part

1

This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

a

breaches a person's right to respect for private and family life under Article 8, and

b

as a result would be unlawful under section 6 of the Human Rights Act 1998.

2

In considering the public interest question, the court or tribunal must (in particular) have regard—

a

in all cases, to the considerations listed in section 117B, and

b

in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

3

In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).