One of the biggest issues over the last year or so has been the issue of Article 8 and the new rules and to what extent Article 8 is now encompassed within the rules. We've had judgments like Nag Gray and Gulshan, and most recently the Court of Appeal decision on the minimum income requirement. Now, there's been some controversy about whether there is a threshold requirement as to where Article 8 needs to be considered outside of the rules. The recent judgement I want to talk about today is a case called Ayala dyi and others. The link to the case is in the notes on YouTube below this video. It's a Napa tribunal decision in a judicial review, and it's a decision by a per tribunal judge Gill. Judge Gill states in this case that there's nothing in Nag Gray, Gulshan, or Shahzad which imposes a threshold test for consideration of Article 8 outside of the rules. She follows the approach set out in paragraph 128 and the recent decision by Michael Fordham Queen's Counsel sitting as a deputy judge of the Queen's Bench division. The link to that judgement is also included. Judge Gill considers that judgement to be helpful and worth citing in judicial review grounds and using in skeleton arguments before the tribunal. Judge Gill then refers to paragraph 19 of her judgement where she gives some agreed principles. Firstly, she states that it's not in dispute that section 6 of the Human Rights Act makes it unlawful for a public authority to act in a way that's incompatible with the Convention right. Secondly, she mentions that the judgement of the Supreme Court in Hewan still applies. Thirdly, she states that Strasbourg and domestic jurisprudence in relation to Article 8 still applies. She refers to...
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Immigration judge granted relief Form: What You Should Know
Application for Asylum — Detained Unlawfully at the Immigration Court. Application for Relief from Removal — Detention -Immigration Court. Cancel Removal Order — Immigration Court. Note: Before an immigration judge can grant relief, they must first determine if you are a “lawful permanent resident' under 8 U.S.C. 1101(a)(15)(H) (Permanent Residents). Other Legal Matters After a removal order and an injunction are issued the following may come up:- Legal Fees — How much you end up being charged when going to court will depend mostly on how much the judge ordered in the immigration court and on how much you are asking for the fees. You should be aware that your attorney will be working overtime for you in order to do what the judge allowed for you to do. In many instances the additional time you will be charged for your attorney's time will probably be negotiable. If you have already been through an immigration court hearing, and that the judge allowed or instructed you to ask the judge to pay the fees, you should make an appointment with a public defender prior to your hearing the time you go to court. Fee for your Attorney — In most instances the fee the judge is allowed to charge your attorney for her time will also be negotiable, but you should make an appointment with a public defender prior to the hearing, and if necessary before you bring the matter to a judge. If you need to go to court to get a protective order, you may want to ask the judge for an appointment of a guardian or private attorney, prior to the hearing. The guardian or private attorney will then be paid. The fee for these appointments are usually 15/hour or 50/day depending on the importance of the case, the duration of the case and the type of attorney hired. Please note that it is important for you to have an immigration attorney, if required. There can be occasions when you must appear in court by yourself to obtain the necessary immigration benefit as your case progresses through the immigration court. For instance, in cases where you are requesting or requesting a protective order, or the court will be issuing one, an attorney must accompany you and file it, if necessary, before the judge in order for the judge to grant the relief. If the attorney in question is unwilling or unable to accompany you to the hearing, a public defender may be brought in to help with the proceeding.
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