ECHR evades question of whether Paragraphs 398 and 399 on deportation are incompatible with Article 8

NDIDI v. THE UNITED KINGDOM – 41215/14 (Judgment : No violation of Article 8 – Right to respect for private and family life (Article 8 – Expulsion) (Conditional) (Nigeria)) [2017] ECHR 781 is a case where the ECHR  had an opportunity to decide upon a  complaint on the compatibility  of  the requirements  of Paragraphs 398 and 399 of the Immigration Rules  with Article  8,  but evaded addressing the issue.

 

The ground  of challenge  that  the Court did  consider and make a decision  upon  resulted in an outcome which makes it  clear that  despite a deportee coming to the UK as a toddler,  residing here for twenty-eight years, having a British child,  with  little or no ties in the country of origin, deportation  can  still be effected without the UK Government breaching Article 8 of the ECHR.

 

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