“…ires cogent justification”. That flexible approach reflects the short concurring judgment of Davis LJ in R (Joint Council for the Welfare of Immigrants) v SSHD [2020] EWCA Civ 542; [2021] 1 WLR 1151, where he accepted that “particularly close scrutiny may be called for” if the discrimination involved what he called the “suspect” characte…”
“…o family members of such individuals”. Mr Howells referred to R (Joint Council for the Welfare of Immigrants v. The Secretary of State for the Home Department) [2020] EWCA Civ 542 at [87] and [104] as requiring more than a tenuous connection between the measure challenged and the substantive right (article 8), and to SC.…”
“…l noted in R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department(National Residential Landlords Association intervening) [2020] EWCA Civ 542 and R (Delve) v Secretary of State for Work and Pensions [2020] EWCA Civ 1199, that the ordinary approach to proportionality will accord the same margin to the…”
“…In R (JCWI) v Secretary of State for the Home Department [2020] EWCA Civ 542; [2020] HLR 30, Hickinbottom LJ summarised the applicable principles. He noted that a distinction must be made between challenges under the HRA to legislation …”
“…Secretary of State for the Home Department [2020] EWCA Civ 542 (‘JCWI’) at [133]. Secondly, the situation here is precisely the situation that the ECtHR referred to in JD and A as the situation where the MWRF test does app…”
“…t. Both counsel accepted the analysis of Hickinbottom LJ in the recent case of R(Joint Council for the Welfare of Immigrants)vSecretary for the Home Department [2020] EWCA Civ 542 at [81] ff.…”