Immigration tribunals lose their way in overcomplicated human rights rules

The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Article 8 of the European Convention on Human Rights, with the “anxious scrutiny required”. The decision, I think, illustrates two characteristics of our immigration law at present. Firstly, that the law is unnecessarily tortuous as regards the proper assessment of family life rights under Article 8. Secondly, that this complexity detracts from the tribunal’s primary function, which is to resolve matters of fact. Background: the right to family life…

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