Category Archives: Appeals

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

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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

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

A Rather Cruel Piece Of Mockery: Part 2

MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013)  SSHD’s Case In light of Qulia, Chapti and Bibi, Blake J explained (at [86]) that the application of … Continue reading

Posted in Appeals, Article 8, Immigration Rules, MAC, Proportionality, Spouses | Tagged , , , | 1 Comment

Asylum and the Purposes and Principles of the United Nations

Al-Sirri (Appellant) v Secretary of State for the Home Department (Respondent) DD (Afghanistan) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 54   In handing down judgment in these cases on the law of refugee status, the … Continue reading

Posted in Afghan War, Appeals, Asylum, CJEU, Pakistan, Refugee Convention, Sedley LJ, Terrorism | Tagged , , , , , | Leave a comment

Article 8 and Polygamy

SG (child of polygamous marriage) Nepal [2012] UKUT 265 (IAC) (9 July 2012) The Upper Tribunal (“UT”, Justice Blake and Judge Dawson) has recently made it clear that in cases involving polygamy a child will not be able to join … Continue reading

Posted in Appeals, Article 8, Blake J, Children, Immigration Rules, Settlement | Tagged , , , , , | 2 Comments

“Secret Detention”: Assurances and Effective Verification?

XX v Secretary of State for the Home Department [2012] EWCA Civ 742  In mid June 2012, the Court of Appeal (Lord Neuberger MR, Richards and Davis LJJ) unanimously upheld the Special Immigration Appeals Commission’s (SIAC) decision that the deportation … Continue reading

Posted in Appeals, Article 3, Article 5, Article 6, Closed Evidence, Detention, Ethiopia, Terrorism | Tagged , , , | 2 Comments

Apolitical Zimbabweans and Persecution

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2012] UKSC 38 (25 July 2012)  This case is of great importance not only to the law, but also to the study of politics and international relations. In … Continue reading

Posted in Appeals, Article 10, Article 9, Asylum, Court of Appeal, UKSC, Zimbabwe | Tagged , , , , | Leave a comment

Overstaying, flight side service and re-entry

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading

Posted in Appeals, Domestic Workers, False Statements, Heathrow, Immigration Rules, Notices, Removals, Tier 1, WHM | Tagged , , | Leave a comment

Unacceptable Behaviour and Deportation – Part 2

Mahajna v Home Secretary (deportation hate speech – unacceptable behaviour) [2012] UKUT B1 (IAC). This post is a continuation of Unacceptable Behaviour and Deportation, Part 1. The Upper Tribunal The UT thought that although the SSHD’s views on the public interest were … Continue reading

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Unacceptable Behaviour and Deportation – Part 1

Mahajna v Home Secretary (deportation hate speech – unacceptable behaviour) [2012] UKUT B1 (IAC)  This case was about much more than immigration. It was also about the problems of the Middle East. In fact, the Israeli–Palestinian conflict and the British authorities’ … Continue reading

Posted in Appeals, Article 10, Detention, ECHR, Israel, Palestine, Tribunals | Tagged , , , , | Leave a comment

President Blake blasts postal payments

Basnet (validity of application – respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012) A very large number of immigration applications are made in the post. In this important case the Upper Tribunal (President Blake and Judge Macleman) found that … Continue reading

Posted in Appeals, Cases, Dependants, Fees, Notices, Students, Tier 4, Tribunals | Tagged , , | Leave a comment

Notices must advise accurately on appeal rights

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012) In this case the Court of Appeal (Pill, Moses and Sullivan LJJ) heard an appeal in a judicial review case. The court unanimously reversed … Continue reading

Posted in Appeals, Court of Appeal, Notices, Refugee Convention, Settlement | Tagged , , , , | 1 Comment

Third bite at the cherry?: uphill and downhill in second appeals

JD (Congo) & Ors v Secretary of State for the Home Department & Anor [2012] EWCA Civ 327 (16 March 2012)  Appeals are hugely important but they cost a lot. Thus, in general litigation, the rich can pursue appeals easily … Continue reading

Posted in Appeals, Court of Appeal, Tribunals, UKSC | Tagged , , , , | 1 Comment