Clayton: Textbook on Immigration & Asylum Law 3e 
End-of-chapter question guidanceClayton: Textbook on Immigration & Asylum Law 3e
Chapter 10
1. Is the existence of family life for the purposes of Article 8 dependent on the legal context in which it arises?
The point of this question is to look at the cases of family visitor applications and compare the courts' and tribunals' findings of whether Article 8 is engaged with cases of for instance removal or settlement. It may be helpful to read the section in chapter 4 on family life and the material on Article 8 in chapter 18.
2. The Department for Education and Skills encourages universities to recruit overseas students. The Court of Appeal in Asif said that the ECO could refuse leave to a student on the basis of his English language ability. Who should decide whether a student is able to follow a course of study?
This question is an opportunity to tease out the boundary of immigration control. Consider why ECOs would make such a decision when it appears to be primarily educational. This question is more of an issue for discussion than anything else.
3. How would you have redrafted the working holidaymaker scheme?
A. Describe what you see as the purpose of the scheme.
B. You will need to consider what conditions and constraints you think would be necessary to ensure:
financial support of the working holidaymaker
that the purpose of the scheme is supported
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