R v Home Sec, ex parte Isiko [2001]

British
woman married immigrant with knowledge he was likely to be deported.
Deportation
order made.
Validity
challenged as interference with family life under Article 8 of ECHR.
Court
of Appeal held order to remove immigrant who had no permission to stay did not
infringe right to family life under Article 8, even if effect was to separate
husband from wife.
A
country was entitled to have general policy which did not offend principle of
proportionality.
Where
court had to review decision which was required by HRA to comply with ECHR it
would not substitute its own decision for that of executive.
Would
review decision to see if it was permitted by law.
Where
fundamental right involved, court would require decision-maker to demonstrate
either:

that his action did not in truth interfere with the right, or

that considerations existed which might reasonably amount to substantial
objective justification for interference.