Immigration rules do not fall foul of article 8 but guidance on them may be overly restrictive rules Supreme Court
. He was sympathetic to the proposed declaration relating to the Guidance but agreed that it would be wrong to make it without considering further submissions.
Jamie Kerr, an immigration expert at Thorntons said: “This decision seems to be a very harsh one, especially given that compliance with the rules is quite simply impractical for so many families.
“The result is that many families will remain forcibly separated, often through no fault of their own.
“In this case, immigration control would appear to trump reason.”
© Scottish Legal News Ltd 2021