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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> DM (Jamaica) v Secretary of State for the Home Department [2007] EWCA Civ 108 (16 January 2007) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2007/108.html Cite as: [2007] EWCA Civ 108 |
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C5/2007/1769 |
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYUM AND IMMIGRATION TRIBUNAL
[AIT No. IA/09541/2006 & IA/11352/2006]
Strand, London, WC2A 2LL |
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B e f o r e :
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DM (JAMAICA) |
Appellant |
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- and - |
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED
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Crown Copyright ©
Sir Paul Kennedy:
"…it has not been established that there will be any interference with family life. It cannot be said that it is unreasonable for family life to be carried on in Jamaica. There is also no reason to suppose that the family lives of all concerned cannot be carried on equally in Jamaica as they are here. As was said in Mahmood v SSHD [2001] 1 WLR 840:
Removal or exclusion of one family member from a state where other members of the family are lawfully resident will not necessarily infringe Art 8 provided that there are no insurmountable obstacles to the family living together in the country of origin of the family member excluded, even where this involves a degree of hardship for some or all members of the family."
Order: Application refused