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The issue in this case was how the relationship between a foster child and a foster family should be treated for the purposes of deciding whether the foster child had established a family life within the meaning of Article 8 ECHR. William Irwin represented the Secretary of State.
The Appellant arrived in the UK at the age of six without his parents. He was placed with foster carers in the UK and was granted leave to remain until shortly before his 18th birthday. The issue was whether removal to Bangladesh when he achieved his majority would be an unlawful interference with his Article 8 ECHR rights.
The Court allowed the Appellant’s appeal, holding that the First Tier Tribunal and Upper Tribunal had not properly taken into account Article 8 rights accrued as a result of the Appellant’s relationship with his foster family.