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24 March 2020 by Charlotte Gilmartin Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 – read judgment On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain. The case concerns the correct approach to the interpretation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) in circumstances arising out of a foster care relationship where the person who had received or continued to receive that care is now an adult. Continue: https://ukhumanrightsblog.com/2020/03/24/article-8-test-for-family-life-arising-out-of-foster-care-is-no-different-to-that-of-birth-families/ Interessant artikel? Deel het eens met uw netwerk en hel...

Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338   Mr Uddin is a citizen of Bangladesh who was abandoned in London in 2013, aged 13. He was placed with foster carers by the local authority. (...) What is “family life”? The crux of this case, though, relates to what amounts to “family life”. The Senior President provides a useful run through of the key cases on this issue and the very neatly enunciates the principles: The test for the establishment of Article 8 family life in the Kugathas sense is one of effective, real or committed support. There is no requirement to prove exceptional dependency. The test for family life within the foster care context is no different to that of birth families: the court or tribunal looks to the substance of the relationship and no significant determinative weight is to be given to the formal commerciality of a foster arrangement. It is simply a factual question to be considered, if relevant, alongside all oth...