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View Full Version : If on appeal would which interpretation of ECHR would we fall under?



yellowcloud
29th July 2012, 19:07
I wondering if anyone knew, as you know my Fiance applied before July 9th for a Fiance Visa (also before 19th June). However, I would like to know if we didn't get the visa and we appealed, would how the Human Rights Act was interpreted before June the 19th be applied on appeal as that's how the ECHR was interpreted at the time we applied or would it be interpreted how it is interpreted at the time of the appeal? If it is the latter is true would this make things more difficult to use the ECHR in our appeal and in what way? as I was reading
"the Home Secretary introduced an interpretation wherein Article 8 was a QUALIFIED right rather than an absolute right. She put this before Parliament on 19 June where it was adopted. On the following day Home Office lawyers began IMMEDIATELY using the new interpretation for any appeal cases that relied upon Article 8"

Any advice appreciated.

joebloggs
29th July 2012, 19:39
i would have thought old rules,

yellowcloud
29th July 2012, 19:47
Thanks Joe, I would have throught so too. But what does this mean to you?

"the Home Secretary introduced an interpretation wherein Article 8 was a QUALIFIED right rather than an absolute right. She put this before Parliament on 19 June where it was adopted. On the following day Home Office lawyers began IMMEDIATELY using the new interpretation for any appeal cases that relied upon Article 8"

joebloggs
29th July 2012, 19:53
this might give you a better idea.

http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm120619/debtext/120619-0002.htm

yellowcloud
29th July 2012, 19:57
Thanks Jo,

I read it but it still doesn't make it clear on whether if we appealed we would be considered under how ECHR was interpreted before July 9th or June 19th or now it is interpreted now?

Basically, are there any changes to how ECHR is interpreted that would affect my Fiancées fiance visa application or if we appealed?