SM (Entry clearance application in Jordan - proportionality) Iraq CG  UKAIT 00077
Date of hearing: 12 June 2007
Date Determination notified: 10 September 2007
|Secretary of State for the Home Department||RESPONDENT|
For the Appellant: Ms K A Smith, instructed by Harrison, Bundy and Co
For the Respondent: Ms J Donnelly, Home Office Presenting Officer
Further evidence since the Tribunal's decision in SA (Entry clearance application in Jordan - proportionality) Iraq CG  UKAIT 00011 concerning the procedures and general difficulties facing an Iraqi in returning to Iraq and travelling to Jordan to make an application for entry clearance does not lead to a conclusion different from that in SA that generally it is not disproportionate to a legitimate aim within Article 8(2) to require an Iraqi to return and apply in that way.
"17. In a case where removal is resisted in reliance on article 8, these questions are likely to be:
(1) Will the proposed removal be an interference by a public authority with the exercise of the applicant's right to respect for his private or (as the case may be) family life?
(2) If so, will such interference have consequences of such gravity as potentially to engage the operation of article 8?
(3) If so, is such interference in accordance with the law?
(4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?
(5) If so, is such interference proportionate to the legitimate public end sought to be achieved?"
Senior Immigration Judge Allen