Recommendation 40

In order to avoid the sort of Article 8-breaching scenarios which could arise in the absence of decisions being made on the facts of a particular case, applications for exceptions to the ban on Article 8 grounds must be capable of routine consideration by the Home Office on a case by case basis, taking into account the specific private and family life circumstances of the individual. Where it is decided that a re-entry ban is appropriate, the duration of that ban should be tailored to properly balance the individual’s Article 8 rights and the public interest. Where failure to make an Legislative Scrutiny: Illegal Migration Bill 127 exception in an individual case would breach the ECHR, the Secretary of State must be under a duty rather than have a discretion to make such an exception.