Article 8 When can you apply and what form

[deleted_user]

I have seen some posts where people are asking about Article 8 court cases and things like http://www.freemovement.org.uk/2009/01/ ... -the-dust/.

How does one go about claiming an Article 8 rights. What is the process. Do you apply to the UKBA first (on some form) and after rejection go to court? Or do you start with a court battle with the state?

Where and how does this Article 8 process begin?

[Amber]

I have seen some posts where people are asking about Article 8 court cases and things like http://www.freemovement.org.uk/2009/01/ ... -the-dust/.

How does one go about claiming an Article 8 rights. What is the process. Do you apply to the UKBA first (on some form) and after rejection go to court? Or do you start with a court battle with the state?

Where and how does this Article 8 process begin?

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[egoneo]

I have seen some posts where people are asking about Article 8 court cases and things like http://www.freemovement.org.uk/2009/01/ ... -the-dust/.

How does one go about claiming an Article 8 rights. What is the process. Do you apply to the UKBA first (on some form) and after rejection go to court? Or do you start with a court battle with the state?

Where and how does this Article 8 process begin?

article 8 applications are done using the FLR(O) form ukba (under private life) don't think there is usually an appeal process if you get rejected.

[deleted_user]

article 8 applications are done using the FLR(O) form ukba (under private life) don't think there is usually an appeal process if you get rejected

Thanks, then how do some cases land up in court?

[Indie007]

Its because someone would have applied for a judicial review.The threshhold for Human rights is quite high.Here is a typical example of a human rights case that has was unsuccessful yesterday.

http://www.bailii.org/ew/cases/EWHC/Admin/2013/720.html

I also applied for a judicial review and i am still waiting .....

[deleted_user]

Its because someone would have applied for a judicial review.The threshhold for Human rights is quite high.Here is a typical example of a human rights case that has was unsuccessful yesterday.

http://www.bailii.org/ew/cases/EWHC/Admin/2013/720.html

Thanks for the link. I have read through the conclusions and realise that the court is suggesting that the immigration Rules combined with the discretionary leave policy together give enough chance for Article 8 to be upheld. In other words where earlier an applicant would qualify simply under the old rules, they may now qualify under the discretionary policy (because the new rules are too narrow).

So do you have to pay for a judicial review? Do you need a lawyer or can you represent your own case?

I would also like to hear how your case review goes. Good luck!