Antonia Benfield granted permission to judicially review certification of human rights claim

Antonia Benfield granted permission to judicially review certification of human rights claim

In Antonia Benfield, Immigration, Mansfield Chambers With 0 Comments
In the case of R (on the application of FK) Albania v SSHD IJR [2016] Antonia Benfield has been granted permission to judicially review a decision of the Secretary of State certifying an Article 8 ECHR claim as clearly unfounded pursuant to section 94 of the 2002 Act.  The claim will be heard substantively by the Upper Tribunal on the 30th March 2016.
The claim is brought on behalf of an Albanian national whose husband and two young children are in the UK with discretionary leave to remain.  The claim will consider the interplay between the power to certify claims under section 94 and the best interests of the child principle.