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Reg. v. Secretary of State for the Home Department, ex parte Phansopkar Reg. v. Secretary of State for the Home Department, ex parte Begum
Published online by Cambridge University Press: 01 January 2021
Abstract
International law in general — Relation to municipal law — Treaties — European Convention on Human Rights — Status before the English courts — The law of England
The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights — Status before the English courts — Duty of the courts to consider the Convention and to abide by its principles in the absence of a clear rule of law to the contrary — Right to respect for family life — Immigration cases — Right to enter the United Kingdom — Requirement that this right be proved by means of a patriality certificate — Delay in issuing certificate — Magna Carta — The law of England
Treaties — Conclusion and operation — Operation and enforcement — European Convention on Human Rights — Status before the English courts — Duty of courts to give effect to Convention in the absence of clear rule of law to the contrary — The law of England
The individual in international law — Nationality — In general — Proof of nationality — Right of entry into United Kingdom — United Kingdom citizen with right of entry marrying Commonwealth citizen — Commonwealth citizen acquires right of entry — Requirement that Commonwealth citizen establishes right of entry by means of certificate of patriality — Certificate normally obtained before coming to United Kingdom — Long delays in considering applications — Whether applicant entitled to avoid delay by coming to United Kingdom and applying for certificate there — Right to respect for family life — European Convention on Human Rights and Fundamental Freedoms 1950 — Article 8 — Status before the English courts — The law of England
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