Here’s a new, free article by me for LexisNexis discussing the implications of a recent reported case in the Upper Tribunal concerning the human rights appeals for EEA nationals who have grown up in the UK but failed to obtain lawful status.
The key point: respecting the Article 8 right to private life for EU citizens who have grown up in the UK may require the statutory human rights framework in Part 5A of the 2002 Act to be applied flexibly, taking into account the particular barriers they may have faced in obtaining Home Office documentation through no fault of their own.
I was instructed in the case by Duncan Lewis. This article was first published on Lexis®PSL Immigration on 3 December 2019. Click for a free trial of Lexis®PSL.