R (Agyarko) v Secretary of State for the Home Department
[2017] UKSC 11
판결 이유
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.
사실관계
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.
판결 요약
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.
주요 인용문
"A person's immigration status is a relevant factor in the proportionality assessment, but it is not determinative."
— Lord Reed
후속 처리
Followed in subsequent Article 8 immigration cases.