The decision on the main challenge is legally defensible but taken with other recent cases Knights_S_146668relating to ECHR, art 8 (including the linked case of Agyarko and Hesham Ali) it represents a far more conservative approach in this area as compared to the line of art 8 cases emanating from the House of Lords a decade ago including Huang, Chikwamba, EB Kosovo, Beoku-Betts and ZH (Tanzania)). Given the stark impact the new rules have it is not impossible to see how a different conclusion might have been reached. Thousands of spouses including those with settled children in the UK with far from unusual circumstances will not in practice be able to meet the threshold stated in the rules. Instead they will have to rely upon a surely narrow strip of discretionary decision-making outside the rules. Continue reading »