Author Archives: mkp

About mkp

Advocate High Courts of Pakistan

UK Removal System ECHR Compliant

R (FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014) Jimmy Mubenga’s tragic death – caused by asphyxia because he was being manhandled by detention custody officers on an aircraft prior to its … Continue reading

Posted in Article 2, Article 3, Deportation, ECHR, Enforcement, Removals | Tagged , , , , | Leave a comment

Adjournments: Fairness is the Supreme Criterion

Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) (4 September 2014) As explained in the Best Practice Guide to Asylum and Human Rights Appeals, it is difficult to get adjournments in immigration cases. Most paper applications are refused. That is exactly … Continue reading

Posted in Appeals, Judges, Tier 1, Tribunals | Tagged , , | Leave a comment

Guidance on Deportation and Family Proceedings

Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC) (5 September 2014) Concerned with the interaction between family and deportation proceedings, this case involved Chalachew Mohammed (C), an Ethiopian national, who appealed the First-tier Tribunal (FtT) panel’s dismissal of his appeal … Continue reading

Posted in Article 8, Automatic Deportation, Children, Ethiopia, Families, Immigration Act 2014 | Tagged , , , | 1 Comment

Only the Civil Standard Applies in Demonstrating Citizenship

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014) This is a noteworthy case, with roots in Pakistan, about the standard of proof to be applied by Her Majesty’s Passport Office (HMPO) with … Continue reading

Posted in Bangladesh, Citizenship and Nationality, India, Judicial Review, Pakistan | Tagged , , | Leave a comment

Upper Tribunal Clarifies Case C-400/12 MG

MG (prison-Article 28(3)(a) of Citizens Directive) Portugal [2014] UKUT 392 (IAC) This famous case – referred to the Court of Justice of the European Union (CJEU) by the Upper Tribunal (UT) at [2012] UKUT 268 (IAC) – about the citizens’ … Continue reading

Posted in Children, Citizens Directive, CJEU, Deportation, Employment, Tribunals | Tagged , , | Leave a comment

Residential Tenancies Under The Immigration Act 2014

London is famous for its booming property market. Because of buoyant rents and rising property prices people with money find it easy to profit from buying to let residential property in London. Landlords value rent and anyone who is able … Continue reading

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Upper Tribunal Gives Judicial Review Warning

Okondu & Anor, R (on the application of) v Secretary of State for the Home Department (wasted costs; SRA referrals; Hamid) IJR [2014] UKUT 377 (IAC) (20 August 2014) With more than a thousand claims being filed very month, the … Continue reading

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