Case of Singh v Secretary of State for the Home Department (2015) EWCA Civ 630
SUMMARY – This case is another important decision for Human Rights cases. It looks at when Article 8 family and private life is engaged. This case looks at Article 8 in cases involving adult children. It states that in the case of adults, there is
‘ no legal or factual presumption as to the existence or absence of family life for the purposes of Article 8…..it all depends on the facts.’
The question for the Secretary of State, the Tribunal and the Court is whether those factors lead to the conclusion that it would be disproportionate to remove the applicant from the UK..‘
THE FACTS OF THE CASE – This case concerned 2 brothers and their mother who had all been dependents on their father/husband until he passed away. All 3 applied for permanent stay known as Indefinite Leave to Remain outside the Immigration Rules. Mum was grantedf Indefinite Leave, the adult brothers were not. It was found they had no family life with their mother over and above the normal emotional ties. It was found that they had established a private life in the UK but for various reasons removal was still proportionate.
WHAT DOES THIS MEAN FOR YOU ? It means that a family and private life argument can be raised between adult family members which may succeed depending on the facts, and these arguments are not limited to cases between spouses and their children under 18 years old.
`