Article 8 ECHR, Family Reunification and the UK’s Supreme Court: Family Matters?

Acknowledgements
Contents
Table of Cases
Table of Legislation
1. Introduction: Family Reunification, Human Rights and Judges
	I. About the Book
	II. Chapter Outline
	III. Family Reunification
	IV. Human Rights and Family Life
	V. Judges
	VI. Methodology
2. Introduction to the UK's Constitutional, Court and Immigration System
	I. Introduction
	II. The UK's Legal and Constitutional Framework
	III. The Human Rights Act 1998
	IV. Regulating Family Reunification in the UK
	V. The Immigration Control Framework in the UK
	VI. Appeals and the Court System
	VII. Conclusion
3. The European Court of Human Rights: Strait is the Gate
	I. Introduction
	II. Why Is Family Reunification and Article 8 So Problematic?
	III. Article 8(1): Family Life
	IV. Article 8(2) Proportionality 1: Immigration Controls, Positive Obligations and the Margin of Appreciation
	V. Article 8(2) Proportionality 2: Fair Balance
	VI. Conclusion
4. Huang: Breathing Life into Article 8
	I. Introduction
	II. The Immigration Battleground
	III. A Sense of Judicial Purpose
	IV. The Legal Problem Addressed by Huang
	V. The Legal Findings in Huang
	VI. 'Human Beings Are Social Animals'
	VII. The Aftermath of Huang
	VIII. The Significance of Huang and Its Limits
	IX. Conclusion
5. 'Good News from on High': The First Post-Huang Phase
	I. Introduction
	II. Beoku-Betts: Including All the Family
	III. Chikwamba: Applying In-Country or Abroad
	IV. EB (Kosovo): Delay, Proportionality and Reinforcing Huang
	V. Reflections on the First Phase Decisions
	VI. Conclusion
6. Still Family First: The Second Post-Huang Phase
	I. Introduction
	II. Baiai: The Right to Marry
	III. Mahad: Third Party Support
	IV. ZH (Tanzania): The Best Interests of Children
	V. Quila: Forced Marriage and the Minimum Age for Sponsorship or Entry
	VI. A Complex Relationship with Article 8
	VII. Conclusion
7. The Supreme Court Rolls Back: The Third Post-Huang Phase
	I. Introduction
	II. A New Background
	III. Ali and Bibi: Pre-entry Language Testing
	IV. MM (Lebanon): The Minimum Income Requirement
	V. Agyarko: Regularisation and Precariousness
	VI. Reflections on the Third Phase Decisions
	VII. Reflections on Huang and the Three Phases
	VIII. Conclusion
8. A Better Article 8 is Possible
	I. Introduction
	II. Why Human Rights?
	III. Stick or Twist? The Case for Treating Family Reunification as a Positive Obligation
	IV. Family Life beyond the 'Core' Family
	V. The Public Interest 1: The 'General Interest' and Family Life
	VI. The Public Interest 2: Immigration Control
	VII. Precarious Residence and Exceptionality
	VIII. Sponsors and citizenship
	IX. Family Life and Immigration: The New Approach in Practice
	X. Conclusion
9. Concluding Remarks
	I. Introduction
	II. The Impact of Article 8 on Immigration Policy
	III. The Supreme Court as a Moral and Political Actor
	IV. A Coherent Legal Interpretation of Article 8
	V. Final Words: Making Family Matter
Appendix: Content Analysis Methodology
Bibliography
Index