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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 mmm 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 most recent judgement what I want to talk to you today about is a case called Ayala dyi and others I put the link in the notes on YouTube below this video and it's a napa tribunal decision in a judicial review and it's a decision by a per tribunal judge Gill and what judge Gill says in this case is there's nothing in na grey gull Shan or Shahzad which imposes a threshold test for consideration of article 8 outside of the rules and she follows the approach set out in mmm in paragraph 128 and the recent decision by Michael Fordham Queen's Counsel sitting as a deputy judge of the Queen's Bench division my probably mispronouncing its ganas gamma cannabis Alan and again the link is in this judgment that judgment of Michael Fordham is really helpful it's worth citing in judicial review grounds and it's also worth using in skeleton arguments before the tribunal so she says they weren't imposing a further threshold test in Nagre inches or just considering whether there was anything that needed to be considered that wasn't already exhausted by the rules so if you go to paragraph 19 of judge Gil's judgment she firstly gives some agreed principles she says 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 well that we all know that secondly the judgment she said of the Supreme Court was course it was the House of Lords in hewan still applies well that's good because sometimes this the old jurisprudence has been forgotten about the hewan test is still the correct test she says this in point three Strasburg and domestic jurisprudence in relation to article eight still applies so cases like chicken Burr a still good law she then says appoint for there is nothing in Hawaiian or in domestic jurisprudence or stat Strasbourg Jews Putin's which supports the proposition that a threshold must be reached before the obligation to consider that article a claim arises likewise at 0.5 there is nothing in the judgment of MF Nigeria which requires that a threshold is necessary before proportionality can be considered so they were agreed propositions she then a paragraph 20 summarizes what is said in the head note that where it talked about good arguable grounds in nagrand Gulshan this was not a threshold test it was just considering whether there.