The Convention in no way guarantees a right to family life in a particular country. It protects the family life somewhere but not necessarily in the Convention country concerned. In the case of children, they would generally be in a position to enjoy family life only where their parents reside.<\/p>\n
In Abdulaziz and others v. United Kingdom, a challenge was made by the spouses of women who had become lawfully permanently settled in the United Kingdom. The court affirmed, as it had in previous cases, that family life could exist even if the couple had not yet established a home together. In this particular case, the parties had cohabited and in one case had a child. This constituted family life.<\/p>\n
The duty imposed by Article 8 cannot be considered as extending to a general obligation on the part of a contracting state to respect the choice by married couples of the country of their matrimonial residence and to accept the non-national spouse for settlement in that country. The court held that in the particular circumstances, there was no violation, coming to a different conclusion to the Commission.<\/p>\n
In Abdulaziz and others v. United Kingdom, the court held that a UK effective practice of allowing a wife to join a husband, lawfully resident in the United Kingdom, was discriminatory relative to the practice of not generally allowing a husband to join a wife in the country when the Convention right to private life was considered together with the equality right.<\/p>\n
In Berrehab v. Netherlands, the applicant was divorced from his Dutch wife and the child was born after their separation. The applicant was refused a residence permit, and this was held to constitute a violation of the right to family life as although he had only visitation rights to his daughter, he would be deprived of regular contact. It was not enough that he could travel from Morocco to the Netherlands. Even the public order exception was not available as it was disproportionate to in the circumstances.<\/p>\n\n
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Non-nationals The issue of private life comes up frequently in the context of the enforcement of immigration and asylum legislation. Decisions taken by immigration and asylum authorities may have the effect of separating family members or denying entry to family members who seek to come to live with relatives in the respondent country. The court […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[344],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22691"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22691"}],"version-history":[{"count":15,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22691\/revisions"}],"predecessor-version":[{"id":23566,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22691\/revisions\/23566"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22691"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22691"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22691"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}