The Court of Appeal (Civil Division) handed down judgment in the case of AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240 on 26th March 2009. The case concerned the immigration status of AF, a citizen of Jamaica who originally arrived in the UK with leave to enter as a visitor but subsequently become a student, got married, gained a criminal conviction and had children. In seeking asylum, AF referred to articles 2, 3 and 8 of schedule 1 to the Human Rights Act 1998 c. 42. but the Secretary of State for the Home Department refused to grant AF asylum.

The Court of Appeal heard arguments on behalf of AF based on article 8, with particular reference to AF’s wife and children and the Secretary of State’s policies DP 3/96 and DP 5/96. The immigration judge had only mentioned AF’s oldest child and it was held that he should have taken into account all three of AF’s children as they have reached an age which DP 5/96 indicated was a significant milestone. It was held that AF’s criminality may prove to be a decisive factor, but that that result was not inevitable and that AF’s wife and children are entitled to have their own rights to family life considered. The appeal was allowed and the case remitted to the AIT for reconsideration.