- Cited — FXJ v Secretary of State for the Home Department & Anor 2023-11-20
“…cance of the five questions identified as relevant to determining an article 8 claim by Lord Bingham in R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27, [2004] 2 AC 368, but said they had to be set in context, and “did not need to be determined in that format” in this case. The claim as pleaded was directed on…”
- Considered — Shah Md Jahangir Alam & Anor v Secretary of State for the Home Department 2023-01-19
“…The F-tT then considered the case outside the Rules under article 8, by reference to the questions posed in Razgar v Secretary of State for the Home Department [2004] UKHL 27; [2004] 2 AC 368. The only reasons A1 gave for staying in the United Kingdom were that he did not want to return to Bangladesh after his visa expired, and his …”
- Followed — Heidi Crowter and Anor, R (on the application of) v The Secretary of State for Health and Social Care 2022-11-25
“…[2004] UKHL 27, [2004] 2 AC 368. In the present case the Divisional Court, following (we were told) the approach of the parties, proceeded directly to the question of interfe…”
- Applied — Runa v Secretary of State for the Home Department 2020-04-08
“…rights claim on Article 8 grounds, the DUTJ applied the approach set out by Lord Bingham of Cornhill in R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27; [2004] 2 AC 368. It was held that Article 8 was engaged and the DUTJ moved to consider whether the interference was in accordance with the law and necessary t…”
- Applied — OH (Algeria) v The Secretary of State for the Home Department 2019-10-24
“…l the relevant circumstances, including all the previous convictions and sentences. The tribunal applied the five-stage approach laid down in R (Razgar) v SSHD [2004] UKHL 27. They addressed the facts fully, analysed matters by means of proper application of section 117C and reached a rational conclusion that all the factors taken t…”
- Cited — The Secretary of State for the Home Department v PF (Nigeria) 2019-07-04
“…ling humanitarian considerations are likely to prevail over legitimate aims of immigration control (see R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27; [2004] 2 AC 368 at [59] per Baroness Hale).…”
- Cited — UT (Sri Lanka) v The Secretary of State for the Home Department 2019-06-26
“…The five step approach to human rights claims set out by Lord Bingham in Razgar v SSHD [2004] UKHL 27 and his approach to Article 8 claims in Huang and Kashmiri v SSHD [2007] UKHL 1;…”
- Cited — Secretary of State for the Home Department v JG (Jamaica) 2019-06-12
“…application of article 8 apart from the Rules and the statute, referring to the well-known approach in R (Razgar) v Secretary of State for the Home Department) [2004] UKHL 27, [2004] 2 AC 368.…”
- Applied — OB (Ukraine) v Entry Clearance Officer 2019-05-02
“…r Tribunal ("the UT"), a deputy UT judge found that the FTT had applied a flawed approach in failing to follow the step-by-step principles in R (Razgar) v SSHD [2004] UKHL 27 and in failing to identify, in accordance with Kugathas v SSHD [2003] EWCA Civ 31, what was the relationship between the appellant, his daughter and grandson t…”
- Cited — Balajigari v The Secretary of State for the Home Department 2019-04-16
“…[2004] UKHL 27,…”
- Cited — Secretary of State for the Home Department v AB (Jamaica) & Anor 2019-04-12
“…Turning to the Razgar steps, (R v Secretary of State for the Home Department ex parte Razgar (FC) [2004] UKHL 27) the decision interferes with the Appellant’s family life, and would have consequences of such gravity as potentially to engage the operation of article 8 sinc…”
- Cited — Secretary of State for the Home Department v AB (Jamaica) & Anor 2019-04-12
“…In R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27;[2004] 2 AC 368, at para. 17, Lord Bingham of Cornhill set out the questions that arise for determination when removal is resisted in reliance on Article 8 gro…”
- Cited — SL (St Lucia) v The Secretary of State for the Home Department 2018-08-07
“…although it has been said that there must be a strong healthcare case before article 8 is even engaged (R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27; [2004] AC 368 at [59] per Baroness Hale) – and, once engaged, it requires a balance to be performed of the interference with family and private life of all in…”
- Cited — Secretary of State for the Home Department v MR (Pakistan) 2018-07-12
“…nd [29] and at [30] set out the guidance as to the correct approach in relation to proportionality when dealing with Article 8, given by Lord Bingham in Razgar [2004] UKHL 27. In particular, the relevant questions posed in the Razgar case are set out at [30]. The FTT went on at [31] to note:…”
- Cited — TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department 2018-05-17
“…itive obligation on the state to permit the applicant to remain in the UK. The framework or approach in R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27, [2004] 2 AC 368 at [17]is not to be taken to avoid the need to undertake this critical balance.…”
- Cited — Onwuje & Anor v The Secretary of State for the Home Department 2018-03-01
“… paras. 34-37 he goes on to refer briefly to the burden of proof and (though in rather opaque terms) to R (Razgar) v Secretary of State for the Home Department [2004] UKHL 27, [2004] 2 AC 368,and the subsequent decision of theUpper Tribunal in Omotunde v Secretary of State for the Home Department [2011] UKUT 00247 (IAC). At para. 36…”