Family Law Prevalence Of Adoption City Uni Law

1564 words - 7 pages

The issue that will be being dealt with in this essay is Article 8[footnoteRef:1] and the UK’s discretion in regards to two components which are the backbone of immigration cases and these are the rules in regards to the aspect of finance, language and relationship- i.e. the eligibility requirements under the immigration rules (IR) - and the other component being deciding cases on family matters individually. [1: HRA (1998) ]
What will first be dealt with is Article 8 itself which is the right to private and family life, the wording in itself of the Human Rights Act 1998 includes the word ‘respect’ which connotes that this is not an absolute right and allows each member state within the European Union discretion. The significance of Article 8 is that the majority of Strasbourg cases deal with such claims. Article 8 comes into play when the immigration rules (APP FM), the EX1 and EX2 rules do not apply and the last resort will be making an Article 8 claim.
Although Strasbourg is the final point at which cases should be heard it should be noted that Strasbourg does not place rigid rules, effectively this allows flexibility for member states to decide their own rulings and allows discretion on member states’ behalf. This discretion does have its limitations as was evident in Biao v Denmark[footnoteRef:2] where an attempt to implement a 28 year rule was deemed to be too strict by the European Court of Human Rights (ECtHR). The Biao case is fundamental into understanding the role that the ECHR plays and that is that the ECtHR gives guidance as to what will be acceptable and if the governments abuse the power they are given then the ECtHR has the power to strike it down and remove such (possible) implementation. Such a decision that a member state ruling will not prevail is further solidified by the constitutional case of Haung v SSHD[footnoteRef:3] where the debate arose as to the presumption that parliament always works in proportion with immigration rules (IR) and there would be no need to claim Article 8. The Supreme Court held that a claim could fail under immigration rules but still succeed under the basis of an Article 8 claim disapproved this presumption. [2: 38590/10 [2016]] [3: [2008] UKHL 39]
The general standing of Article 8 and its ‘supremacy’ as such within the law in the European Union, including the UK, has been dealt with to provide the basis of part (a) and (b) in the question. Part (a) will be dealt with first and that is the making of rules in regards to three aspects which are all part of the eligibility requirements and will be dealt with accordingly. In regards to finance it can be said, with confidence, that the UK exercises the fundamental execution of what is a reasonable amount when applying for a visa under APP FM. The current standing on finance is that there must be an £18,600 annual income and this rule created upset for those who could no longer keep their partner in the country because this would be difficult to...

Other Essays On Family law prevalence of adoption - City uni - Law

Change The Law Of Abortion Essay

749 words - 3 pages Change The Law Of Abortion Each year, one million American teenagers are pregnant and eighty-five percent of these pregnancies are unintended. One and a half million each year are ended by abortion. Now it is time for the government to pass a law to make abortion illegal across the nation because it is a bad influence for the young people, innocent babies are being killed, and it will affect teenagers' lives when they get older.In 1973

Analysis of The Client Law Movie - Law - Analysis, Essay

752 words - 4 pages Analysis of The Client (Insert sentence) The law provides remedy and security to Mark Sway’s family by giving them a spot in the witness protection program, a house, a job for his mom and some starter money in return for Mark’s help in locating the body of the senator. The law also ensures peace in the movie by actively conducting an investigation on the well-known nephew of a mafia kingpin: Barry “The Blade” Muldanno. Putting Barry in jail

Learning Summary of Business Law 2390 - KPU, Business Law - assignment

2044 words - 9 pages Learning Summary Short Summary Business law conclude Contracts, the law of Corporations, and other Business Organizations, Securities Law, Intellectual Property, Antitrust, Secured Transactions, Commercial Paper, Income Tax, Pensions and Benefits, Trusts and Estates, Immigration Law, Labor Law, Employment Law and Bankruptcy. I have learned about the Canadian law which is applied to business including the introduction to the legal system and the

Good Faith In The Law Of Contract

3316 words - 14 pages In the past, in many contractual dealings, has been to the detriment of the weaker party to a contract. This was due to the rigid application of contract law by the courts and its narrow view that all parties entering into a contract are aware of the terms and conditions of the contract that they have entered into. The courts today, have looked to this notion of ?good faith?, a concept that the courts believe is an essential element to be

history of canadian criminal law - dalhousie - essay

750 words - 3 pages TAKEOUT TEST for History 3227 Due date: April 13 by 11:59 pm. Like all tests, this one has a fixed deadline. Please submit it to the designated Dropbox on our Brightspace. Please do not leave it in my mailbox and please do not email it. Please answer one of the following questions in between 1100 and 1200 words, and no more than 1250 words: “As the Canadian criminal law and criminal justice system has changed over the course of the twentieth

The Defence of Provocation: A Law Reform Submission - School of Law - Paper

2506 words - 11 pages THE DEFENCE OF PROVOCATION: A LAW REFORM SUBMISSION WORD COUNT: 2002 This law reform submission will examine the current laws in Queensland surrounding the defence of provocation. Through the incorporation of academic literature and legal documentation this paper will critically reflect and critique the current legislation and will present arguments in support of the abolition of the defence. Furthermore, this paper will present recommendations

Interaction of media law and online community - Griffith University Media Law - Essay

1660 words - 7 pages Advice to Celebrity Whispers This article is extremely problematic and raises a number of media law issues. I have discussed each one in turn before providing my final advice to ‘Celebrity Whispers’ Defamation The Macquarie Dictionary definition of defamation is a proclamation without suitable justification that causes damage to another’s reputation. Individuals are able to seek relief for defamation under the Defamation Act (Qld). The preferred

Administrative Justice - Public Law 310 - University of Pretoria - Research Paper

2189 words - 9 pages become too opinionated etc.[footnoteRef:35] Administrative law, including the PAJA is very formalistic by nature, as that’s how it was always considered in the past. In Joseph & Others v City of Johannesburg & Others, Quinots description of the application of an ‘anti-formalistic’ approach to the PAJA suit the ABSA case perfectly: “The Court’s determination of the applicability of procedural fairness rules in this case also reveals admirable

Rule Of Law And What Are Its Benefits And Defects

2674 words - 11 pages INTRODUCTIONThere has been debate over the Rule of Law suggesting a separation between the rules by law and rules made by mere power of a ruler. In the days of Aristotle and Plato, there was a clear distinction between rules and rule by mere power. These distinctions will be discussed below, detailing the benefits and defects of both types of rules.More recently, the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules

Dicey law of constitution 1885, twin pillars - uwe - essay

1479 words - 6 pages Matt Skelding – CAAL Coursework Word Count: 1388 Student Number:18021496 Module Name: Constitutional & Administrative law Module Number: UJUUKK-30-1 ‘The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom. Nevertheless, the supremacy of Parliament is still the general principle of our constitution.’ (Lord

Role of the EU in Enforcing Environmental Laws - Law - assignment

1047 words - 5 pages through which all these regulations are ensured (Hedemann-Robinson, 2015). The Commission is therefore bestowed with the power to ensure that the major provision of the EU treaty are being adhered. Challenges of Brexit in environmental law implementation The main challenge of the Brexit in ensuring that the environment has been protected is ensuring that the United Kingdom follows the protocols set by the European Union. Considering that the EU

Similar Papers

Family Law Act 1975 Essay

2264 words - 10 pages under which most parents will stay together, all the rest -- schools, playgrounds, and public assistance, and private concern -- will never be enough."The Family Law Act 1975 (Cth) is the principal law in Australia on matters concerning divorce, property settlement after marriage, spousal maintenance, and issues relating to children's arrangements after separation and divorce (Laing, 2003). The Act not only introduced a single non-fault ground of

Creating Law: Philosophers Of Law Essay

2129 words - 9 pages to be the infamous conqueror. From 335 BC - 322 BC, Aristotle was a teacher, at this time he, as influenced by Plato, wrote "Dialogues". Aristotle contradicted some of Plato's beliefs. He believed "justice should aspire to equality" (Canadian and International Law), he also believe "allotment should not be dependant on the luck of being born into a wealthy or powerful family" (Canadian and International Law). Aristotle was against "oligarchy

Characteristics Of Common Law Essay

1237 words - 5 pages are subject to scrutiny in ordinary legal proceedings.8. Individual and Legal Rights:Hong Kong residents shall have freedom of speech, of the press, and of publication; freedom of association, of assembly, of procession, and of demonstration; and the right and freedom to form and join trade unions and to strike.’Bibliography:-City University of Hong Kon, School of Law-http://www.unidroit.org/english/publications/review/articles/1999-3.htm

Law Of Reflection Essay

1592 words - 7 pages Testing the law of reflection: The angle of incidence = the angle of reflection.Aim. The aim of this experiment was to test the law of reflection: the angle of incidence equals the angle of reflection. This was done by projecting a ray of light at a flat mirror (ray of incidence) and measuring the angle made by the reflected ray (ray of reflection) and the normal. If the law of reflection is correct the angle between the normal and the ray of