![Leave to Remain Art. 8 European Convention on Human Rights UK SC](https://www.scconline.com/blog/wp-content/uploads/2024/05/Leave-to-Remain-Art.-8-European-Convention-on-Human-Rights-UK-SC-440x293.webp)
When does refusal to grant Leave to Remain to an individual, who can’t be removed to their country of nationality, violate Art. 8 of ECHR? UK SC answers
In the instant case, the Court noted that the respondent’s own conduct thwarting the attempts by the Home Secretary to remove him to Belarus should be considered as a highly material factor for the purposes of the relevant proportionality analysis under Art. 8 of ECHR.