Article 8 rights and continuity of residency in the UK

FA v Secretary of State for the Home Department [2010] ScotCS CSOH_159 (30 November 2010)

a citizen of Afghanistan was successful in making a decision Secretary of State for the Home Department smanjen.Početna Department has certified that the petitioner's claim that the removal from the United Kingdom would constitute a violation of his clearly unfounded.

application arrived in Britain in 2001 at the age of 13 and obtained leave to remain for four years. He lived with relatives in Scotland and studied at the university there. In 2005 he applied for indefinite leave to remain, but said it had not received a decision on this application. During that time, his sister, who has two children, came to live legally in the UK as a spouse.

In 2008, petitioner returned to Afghanistan in a truck. He stayed for about 10 months and then discovered attempting to return to Britain in 2009. He had already been stopped by police in the Netherlands and claimed asylum there. Upon arrival in the UK is issued with illegal entry papers and interviews. In an interview he had lied about his identity, said that he had never lived in the UK, and that he had no family ovdje.Lažnost such statement is discovered after checking his fingerprints, revealing the request for asylum in the Netherlands, and his previous request for asylum in the United Britain in 2001.