Commentary on Sections Part 2: Appeals etc Section 19: Article 8 of the ECHR: public interest considerations
100.This section inserts a new Part 5A into the 2002 Act which makes provision for public interest consideration under Article 8 of the ECHR.
101.In new section 117A, subsection (1) provides that Part 5A applies when a court or tribunal is required to determine whether a decision under the Immigration Acts breaches a person’s right to respect for private and family life under Article 8 ECHR and as a result would be unlawful under section 6 of the Human Rights Act 1998.
102.Subsection (2) provides that, in considering the public interest question, the court or tribunal must, in particular, have regard to the considerations listed in new section 117B and, in cases concerning the deportation of foreign criminals, must also have regard to the considerations listed in new section 117C.
103.Subsection (3) defines the public interest question as meaning the question of whether an interference with a person’s right to respect for private and family life is justified under Article 8(2) of the ECHR.
104.New section 117B lists the public interest considerations which are applicable in all cases.
105.New section 117C lists the additional public interest considerations applicable in cases involving foreign criminals.
106.New section 117D provides for the definition of terms used in Part 5A.