Article 8 Procedural Rights – Extending the Principle in R (Clue) v Birmingham CC

When must a local authority provide community care support for a person from overseas to enable that person to pursue an immigration application with the Secretary of State? In his latest article, published this month in Judicial Review magazine (JR [2013] 186-193) Jack Parker analyses how Article 8 ECHR can protect the procedural rights (in additional to substantive family and private life rights) of persons with outstanding immigration applications and, thereby, oblige a local authority to provide support pending determination of the application, even though Parliament has legislated to exclude them from support.

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