is this good news for spouse over stayers ???

[kuda]

http://business.timesonline.co.uk/tol/b ... 129293.ece UK husband’s rights were also engaged
Court of Appeal

Published January 4, 2008

AB (Jamaica) v Secretary of State for the Home Department

Before Lord Justice Sedley, Lord Justice Thomas and Sir Peter Gibson

Judgment December 6, 2007

A spouse who had married an overseas overstayer was entitled to have his right to a family life to be taken into account, although he was not a formal party to the proceedings seeking the removal of the overstayer.

The Court of Appeal so held, allowing the appeal of the claimant, AB, against the dismissal by the Asylum and Immigration Tribunal of her appeal against the refusal by the Secretary of State for the Home Department, on September 8, 2004, of her application for leave to remain on the ground of her marriage.

Mr Jonathan Adler for AB; Mr Parishil Patel for the Home Secretary.

LORD JUSTICE SEDLEY said that the claimant, a Jamaican citizen, came to this country in September 1998 on a six-month visitor’s visa. She overstayed. In June 1999 she was joined by her daughters.

She met a British citizen whom she married in July 2001. He was born in this country and had lived here all his life.

Two months later the claimant applied to the Home Office for leave to remain on the basis of her marriage. Almost three years later a reply came, refusing the application.

In Januzi v Secretary of State for the Home Department (The Times February 16, 2006; [2006] 2 AC 426) the House of Lords detailed what had to be established before an asylum-seeker could be expected to relocate in his or her country of origin.

It showed the specificity with which a fact-finding tribunal had to consider whether undue hardship would be created by an enforced removal, a question which was also critical to DP 3/96, the Home Office policy which applied to this case, and to article 8 of the European Convention on Human Rights, guaranteeing the right to a family life.

Adapting that reasoning to a case such as the present, the tribunal would be deciding whether to force someone lawfully settled here to choose between losing his family or migrating with them to a country which might not be his own.

In the word “settledâ€

[archigabe]

seems like good news for overstayers, especially for xhesika's husband.

[hello_kitty]

yes. Its a good news for all of u who is appealing because my Barrister had just won my case just before Christmas with one of this article. But i dont think the ECO would ever want to consider this because they are just too stupid to know what is Human Rights. All they know is just ask u those stupid question 'how u met?', 'how u maintain contact' , bla bla..

Good luck to all of u out there. May God Bless the Love people

[xhesika]

seems like good news for overstayers, especially for xhesika's husband.

Thanks for that link! its good news for all overstayers, it think, maybe i will show it to my lawyer! I have been recomended a lawyer by my close friend, she is from london, so to discuss in full i gotta go to london. Although
As far as I know,we will apply again in a couple of months, as now I am working 40 hour week as from sunday evening in the place that makes all your jiffy bags and bubble wrap! its good news for visa sitution and will also be taking over my friends rented property towards end of feb which is an added bonus although we will probably have to jump through hoops to be successful in gaining a visa for my husband,but its just a waiting game.............
The pain of being away from my husband is undescribable and i am so greatful to all of you who have added your comments advice or opinions, i still need advice if you want to add any.