Author Archives: Asad Khan

About Asad Khan

Advocate High Courts of Pakistan

Lord Neuberger: the Price of Liberty is Eternal Vigilance

On 26 August 2014, Lord Neuberger of Abbotsbury PSC delivered a speech entitled The Third and Fourth Estates: Judges, Journalists and Open Justice at the Hong Kong Foreign Correspondents’ Club. It can be viewed here and despite the seriousness of the … Continue reading

Posted in Judges, Neuberger PSC, UKSC | Tagged | 2 Comments

Litany of Forensic Criticisms Unacceptable in Appeals

VHR (unmeritorious grounds) Jamaica [2014] UKUT 367 (IAC) This is an interesting decision of the Upper Tribunal (Haddon Cave J & UTJ Hanson) where it decided that appeals should not be mounted on the basis of a litany of forensic … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Judges, Tribunals | Tagged , | Leave a comment

Defence of Illegality Inapplicable to Trafficked Nigerian Woman’s Discrimination Claim Says Supreme Court

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014) “A small claim generates an important point”, said the Supreme Court in this intriguing case regarding the circumstances in which the defence of illegality should defeat a complaint by … Continue reading

Posted in Council of Europe, Court of Appeal, ECHR, Employment, Human Trafficking, International Law | Tagged , , | Leave a comment

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, Uncategorized | 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

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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