Chikwamba v Secretary of State for the Home Department [2008] UKHL 40

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Charlotte Walsh


UNHAPPY FAMILIES AND USE OF ARTICLE 8 FOR FAILED ASYLUM SEEKERSImmigration minister Phil Woolas has attacked lawyers and charities that work on behalf of asylum seekers for undermining the law and “playing the system” by exploiting the appeals system.1 However, the case of Chikwamba v Secretary of State for the Home Department,2 handed down by the House of Lords on June 25th 2008, confirms the need for an effective appeals process, without which there would be no safety net for thousands of asylum seekers. The case concerns the application of article 8 of the European Convention of Human Rights (ECHR)3 and the government’s policy regarding failed asylum seekers.

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