ECHR ARTICLE 8

November 26th, 2025 by James Goudie KC

The 179 para Judgment in  IA and Others v SSHD EWCA Civ 1516 concerns, amongst other matters, (1) the meaning of ECHR Article 8, in the contexts of family life between adult siblings and (2) the rights of persons outside the jurisdiction ( Gaza ) and (2 ) the weighing of the proportionality balance. The Court of Appeal says, at paras 60, 68 and 77, that “ family life “, within the autonomous meaning of article 8(1), is to be found, between adult siblings, only where “ additional elements of dependence involving more than the normal emotional ties “ are to be found. The Court, at para 100, says that, whilst persons seeking to enter an ECHR State from outside the jurisdiction of the ECHR will not have their own rights under Article 8, if they have pre-existing family life with a person within the territory of the ECHR, Article 8 may impose a positive obligation on a State to admit those people, if they have family life with a person within the jurisdiction. The concept of family life does not however mean that the State is under a positive obligationto admit every member of the wider family of the persons within the territory of the UK.

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