Reply to post: Re: Tigra 07

UK space comes to an 'understanding' with Australia as Brexit looms

Dan 55 Silver badge

Re: Tigra 07

Cat gate was given credibility by a certain Theresa May to further her agenda. You should not believe everything (anything?) she says.

The cat example

It has been reported in several newspapers that a Bolivian man has been spared deportation on Article 8 grounds (right to respect for family life) because of his pet cat.

(for example, The Sun, 9 February 2011; Sunday Telegraph, 12 June 2011; Daily Mail, 17 June 2011)

The Home Secretary also referred to this case in her party conference speech in 2011, saying: “We all know the stories about the Human Rights Act…The illegal immigrant who cannot be deported because – and I am not making this up – he had pet a cat. This is why I remain of the view that the Human Rights Act needs to go.”2

In fact the immigration judge found that it would be disproportionate on Article 8 grounds to remove this claimant because he had a long-term relationship with a person settled in the UK and they had lived together for four years.3 The reference to the cat was one detail amongst many provided by the couple as evidence of the genuineness of their long-term relationship. The judge also relied on a former Home Office policy4 which said that if an individual lived in the UK with a settled spouse for two years or more without enforcement action being taken against them, they were entitled to leave to remain. The Home Office appealed but a senior immigration judge upheld the decision on the basis of the former Home Office policy.5 All other factors in the original determination, including ownership of the cat, were deemed “immaterial”.

Source (PDF)

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