Author Archives: Asad Khan

About Asad Khan

Advocate High Courts of Pakistan

Advocate General Sharpston: Charter Constrains “Verifying” Asylum Claimants’ Sexual Orientation

In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C, AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private … Continue reading

Posted in Article 8, Asylum, CFR, CJEU, Proportionality | Tagged , , , | Leave a comment

Arden LJ on CSIC and Permanent Residence

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014) Should the spouse of an economically inactive EEA citizen, i.e. a national of one of the member states of the EU or of one … Continue reading

Posted in CFR, Citizens Directive, CJEU, Court of Appeal, Pakistan, Permanent Residence | Tagged , , , , | Leave a comment

Retained Right of Residence Question Referred

NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014) In this case, the Court of Appeal (Lord Dyson MR, Sullivan & Sharp LJJ) referred to the CJEU the question whether, in order … Continue reading

Posted in Article 8, Cases, Citizens Directive, CJEU, Pakistan | Tagged , , , , | Leave a comment

Death Row Grandmother’s Appeal Dismissed

Sandiford, R (on the application of) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014) This is a must know case for anyone representing British citizens in legal proceedings abroad. Mrs Sandiford (S), … Continue reading

Posted in Article 2, Article 3, Article 6, ECHR, FCO, Judicial Review | Tagged , , , , | Leave a comment

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments

Court of Appeal on Children’s Duty

EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading

Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2 | Tagged , , , , | 1 Comment

Who is Altaf Bhai?

Altaf Hussain, or Altaf Bhai as he is infamously known, used to be a Chicago cabby. But these days he means different things to different people. A British citizen, Mr Hussain leads an ethnically motivated political organisation claiming secular and … Continue reading

Posted in Ahmadis, Asylum, Australia, Canada, Karachi, Terrorism | Tagged , , , , | Leave a comment

Case Preview: R (Lord Carlile & Ors) v SSHD in Supreme Court

In Khomeinism: Essays on the Islamic Republic Ervand Abrahamian argued that populism, and not fundamentalism, toppled the Shah’s regime. Having visited Iran during the reformist Khatemi era, I can say that back then Iranians did crave democracy but were powerless … Continue reading

Posted in Appeals, Article 10, Iran, Islam, Politics, UKSC | Tagged , , , , | Leave a comment

Case C‑202/13 McCarthy: UK Unilaterally Suspending Free Movement

This is the long-awaited opinion in relation to the reference to the CJEU made in R (McCarthy & Ors) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin). Advocate-General Szpunar’s opinion relates to the scope of the … Continue reading

Posted in Cases, Citizens Directive, CJEU, Judicial Review, UKSC | Tagged , , , | Leave a comment

Deportation Order Terminates ILR

George, R (on the application of) v The Secretary of State for the Home Department (SSHD) [2014] UKSC 28 Theresa May, who has vowed to cleanse the UK of the malaise of criminal foreigners, must be delighted with the Supreme … Continue reading

Posted in Article 8, Deportation, Settlement | Tagged , , , , | Leave a comment

UK’s Afghanistan Detention Policy Unlawful

Mohammed v Ministry of Defence & Ors [2014] EWHC 1369 (QB) (02 May 2014) In the wake of the September 11 attacks, stability in Afghanistan became a priority for world leaders. But before all that happened, America, Britain and Saudi … Continue reading

Posted in Afghan War, Article 2, Article 5, ECHR, International Law | Tagged , , , | 1 Comment

Free Movement Wins Jamaican Homosexual’s Case

Secretary of State for the Home Department (SSHD) v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014) This case tells yet another extraordinary tale of winning against impossible odds. The hearing took place on … Continue reading

Posted in Appeals, Article 3, Asylum, Homophobia | Tagged , , , | Leave a comment

Resilience Rewards Congolese Asylum Seeker

SN, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1111 (Admin) (24 February 2014) This decision involves judicial review, asylum seeking, fresh claims, certification and the politically plagued postcolonial country of the Republic … Continue reading

Posted in Africa, Asylum, Immigration Rules, Judicial Review | Tagged , , | Leave a comment

Article 8 is Not a Box Ticking Exercise

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014) In this case Mr Justice Green held that it is important to avoid a “tick box” mentality in respect of article 8 of the … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Proportionality, Spouses | Tagged , , , | Leave a comment

Asylum seeking is a world-wide phenomenon

EM (Eritrea), R (on the application of) v Secretary of State for the Home Department [2014] UKSC 12 (19 February 2014)  This case is about so many things; the despotic state of Eritrea, which ranks last in the world for … Continue reading

Posted in Article 3, Asylum, CJEU, Council of Europe, ECHR | Tagged , , , | Leave a comment

Essence Must Always Be Disclosed

ZZ (France) v Secretary of State for the Home Department (No. 2) [2014] EWCA Civ 7 (24 January 2014) Some disputes are difficult to settle. This case involves a longstanding quarrel about the true interpretation of Directive 2004/38/EC (the directive) … Continue reading

Posted in Cases, CFR, Citizens Directive, CJEU, Terrorism | Tagged , , | Leave a comment

MG and Onuekwere: Part 2

As stated by the CJEU in para 31 of MG, Onuekwere v Secretary of State for the Home Department [2014] EUECJ C-378/12 is an important judgment. Nnamdi Onuekwere (O), a Nigerian, claimed that he entered the UK as a visitor. Surely … Continue reading

Posted in Blake J, Cases, Citizens Directive, CJEU, Permanent Residence, Poland | Tagged , , | Leave a comment

MG and Onuekwere: Part 1

Secretary of State for the Home Department v MG [2014] EUECJ C-400/12 (16 January 2014) Onuekwere v Secretary of State for the Home Department [2014] EUECJ C-378/12 (16 January 2014) In these punchy judgments, the Court of Justice of the … Continue reading

Posted in Cases, Citizens Directive, European Union, Permanent Residence | Tagged , , , | Leave a comment

No More Freewheeling Article 8

Gulshan (Article 8 – new Rules – correct approach) Pakistan [2013] UKUT 640 (IAC) (17 December 2013) This case is about spouses and relocation. It is also about Karachi which is my hometown and Pakistan’s largest and most dangerous city. … Continue reading

Posted in Appeals, Article 8, Immigration Rules, Pakistan, Spouses | Tagged , , , , | 2 Comments

Welcome To The Jungle

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) It seems that the controversial jurisprudential saga of impenetrable jungle law has finally been settled. In unanimously dismissing these three appeals, the UK … Continue reading

Posted in Article 8, ECHR, Immigration Rules, Pankina, Removals, UKSC | Tagged , , | 1 Comment