New Immigration Cases- Virk & Ors v Secretary of State for the Home Department [2013] EWCA Civ 652 (12 June 2013)
- Chugtai, R (on the application of) v Secretary of State for the Home Department [1995] EWHC Admin 14 (19 June 1995)
- NN (South Africa) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 653 (12 June 2013)
- JB (Jamaica), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 666 (12 June 2013)
- PETITION OF MS v. SECRETARY OF STATE FOR THE HOME DEPARTMENT FOR JUDICIAL REVIEW [2013] ScotCS CSIH_52 (11 June 2013)
- AZ (Asylum- legacy cases) Afghanistan [2013] UKUT 270 (IAC) (10 June 2013)
- Warnborough College Ltd., R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1510 (Admin) (10 June 2013)
- Rostami, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1494 (Admin) (07 June 2013)
- AHK & Ors v Secretary of State for the Home Department [2013] EWHC 1426 (Admin) (07 June 2013)
- WKA v The Secretary of State for the Home Department [2013] ScotCS CSIH_51 (07 June 2013)
- Kola, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1434 (Admin) (06 June 2013)
- Aslam, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1495 (Admin) (06 June 2013)
- SO, R (on the application of) v London Borough of Barking and Dagenham (AAJR) [2013] UKUT 256 (IAC) (24 May 2013)
- MJ (Singh v Belgium : Tanveer Ahmed unaffected) Afghanistan [2013] UKUT 253 (IAC) (01 May 2013)
- NN (Teachers: Matabeleland/Bulawayo: risk) Zimbabwe CG [2013] UKUT 198 (IAC) (10 May 2013)
- Green (Article 8 new rules) Jamaica [2013] UKUT 254 (IAC) (13 May 2013)
- R (on the application of MR) v Derby City Council (AAJR) [2013] UKUT 255 (IAC) (14 May 2013)
- Azimi-Moayed and others (decisions affecting children; onward appeals) Iran (Rev 1) [2013] UKUT 197 (IAC) (26 April 2013)
- Singh (fee award: ancillary decision) India [2013] UKUT 179 (IAC) (18 April 2013)
- Zubair (EEA regs: self-employed persons) Pakistan [2013] UKUT 196 (IAC) (11 April 2013)
- UKBA News and Updates
UK Immigration Law Blog
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mkp
- Silence of the Rules
- Fresh Claims and Freedom of Religion
- Strike Three For New Rules: Part 2
- Strike Three For New Rules: Part 1
- Tribunal Unimpressed With New Rules Again: Part 2
- Tribunal Unimpressed With New Rules Again: Part 1
- The EU Dimension to Proportionality
- New Syria Country Guidance
- Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 2
- Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 1
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- Global Corporate Law
- Roger McCormick On Sustainable Banking March 18, 2013 mkp
- Commission On Banking Standards Publishes Proprietary Trading Report March 16, 2013 mkp
- Is the door to England still that wide open for CIS disputes? March 11, 2013 mkp
- FSA: LIBOR Internal Audit Report March 9, 2013 mkp
- Public Law Duty and Cross-Undertaking for Losses to Third Parties March 1, 2013 mkp
- UK Supreme Court: Case Preview: Securitisation and the Balance Sheet Test February 23, 2013 mkp
- FSA’s Response to Fixing LIBOR February 22, 2013 mkp
- The Libor Scandal and “Soft Law” February 10, 2013 mkp
- The Privilege Judgment February 8, 2013 mkp
- UK Supreme Court: Case Preview: WHA Ltd v Her Majesty’s Revenue and Customs January 20, 2013 mkp
- Law and Democracy Blog
- Raja Rental Bites The Dust January 15, 2013 mkp
- Supreme Court Approves Swiss Letter October 10, 2012 mkp
- Apex Court gives Government until 10 October for Swiss Letter October 5, 2012 mkp
- Anwer Mooraj on Dr Kamal Hossain’s Talk September 30, 2012 mkp
- Anil Datta on Dr Kamal Hossain’s Talk: Only the Youth Can Bring About a Fruitful Revolution … September 27, 2012 mkp
- Peerzada Salman on Dr Kamal Hossain: “Young People are Agents of Change” September 27, 2012 mkp
- Welcome speech of Dr. Masuma Hasan: In Memory of Fatehyab Ali Khan: Dr. Kamal Hossain on Building a peaceful South Asia: 24 September 2012 September 25, 2012 mkp
- In Honour of Fatehyab Ali Khan: Dr Kamal Hossain Speaks at PIIA September 25, 2012 mkp
- The New Order: Rapprochement at Last! September 20, 2012 mkp
- The Mexican Standoff … September 15, 2012 mkp
- Pakistan Horizon
- Fazil Jamili: A Confession of Crime June 5, 2013 pakistanhorizon
- Jaffer Abbas Mirza: Sectarian Politics in the Middle East June 5, 2013 pakistanhorizon
- Anwar Rashid: For Parween Rahman March 30, 2013 pakistanhorizon
- Parween Rahman: The Legend Lives On March 15, 2013 pakistanhorizon
- Women’s Learning Partnership Film: Because Our Cause Is Just March 9, 2013 pakistanhorizon
- Dr Masuma Hasan: International Women’s Day and Aurat Foundation March 9, 2013 pakistanhorizon
- Majyd Aziz: Making Karachi Port User-Friendly March 1, 2013 pakistanhorizon
- Dr Masuma Hasan: Uch Revisited January 19, 2013 pakistanhorizon
- Editor: Sir Zafrulla Khan on Palestine November 18, 2012 pakistanhorizon
- Dr Masuma Hasan: Bridging the Gender Gap in Bihar November 14, 2012 pakistanhorizon
UK Immigration Law Blog
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- Immigration News
- An important lesson for Polish migrants in the Before You Go film | AM Bakalar June 19, 2013 AM Bakalar
- Asylum seekers are valuable members of the community | Erin Mee June 18, 2013
- Julian Assange's asylum stalemate no nearer resolution one year on June 17, 2013 Esther Addley
- Increasing number of asylum detainees freed after near-fatal hunger strikes June 14, 2013 Eric Allison, Helen Pidd
- Citizenship test has become a bad pub quiz, says academic June 14, 2013
- Negative press about Romania is unfair, says designer June 13, 2013 Sam Jones
- Romanian officials voice concerns over anti-immigrant feeling to Nick Clegg June 13, 2013 Alan Travis
- UK male employment rate higher for immigrants, says OECD June 13, 2013
- Children seeking asylum should 'be better cared for' by the state June 11, 2013 Amelia Gentleman
- Letters: Migration and legal aid changes threaten the rights of families June 11, 2013
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Category Archives: Article 8
Silence of the Rules
Green (Article 8 – new rules) Jamaica [2013] UKUT 254 (IAC) (13 May 2013) The speed with which the immigration rules are changed is overwhelming. Inevitably, many things are overlooked. This is an interesting case where the Upper Tribunal (UT) … Continue reading
Posted in Article 8, Cases, Crime, Immigration Rules, Tribunals
Tagged Article 8, Immigration Rules, Jamaica
1 Comment
Strike Three For New Rules: Part 2
Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) SSHD’s Case It was maintained that paragraph A362, part 13 (deportation), of the rules defeated O’s Article 8 claim and, even though the decision was made more … Continue reading
Posted in Article 8, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals
Tagged Children, European Union, UK Supreme Court
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Strike Three For New Rules: Part 1
Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) Nigeria – Africa’s most populous country – is spearheading the campaign against deportation and Ogundimu is the third case in a row where the judiciary has sent … Continue reading
Posted in Article 8, Crime, Human Rights Act, Nigeria, Settlement
Tagged Article 8, Immigration Rules, Removals
3 Comments
Tribunal Unimpressed With New Rules Again: Part 2
Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC) (30 January 2013) The UT explained that the SSHD “overstates the significance of the rule change” and the effects of this change on Article 8 decision making where judges … Continue reading
Posted in Article 8, Children, European Union, Immigration Rules, Nigeria, Proportionality
Tagged Dependants, ECHR, Removals, UK Supreme Court
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Tribunal Unimpressed With New Rules Again: Part 1
Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC) (30 January 2013) Lately a plethora of immigration decisions have descended upon us. All this sensational case law makes awesome reading. But it is impossible to read it all. … Continue reading
Posted in Article 8, Cases, Immigration Rules, Nigeria, Proportionality, Tribunals
Tagged Article 8, Case Law, Immigration, Spouses, Tribunals
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The EU Dimension to Proportionality
Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012) Deportation is a hugely controversial issue. Unsurprisingly, opinion on it remains utterly polarised. Journalists and lawyers alike have tried … Continue reading
Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Proportionality
Tagged 2004/38/EC, Article 8, Case Law, European Union, Free Movement
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Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 2
O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This post analyses the rationale espoused by the CJEU in relation to its ruling which is highlighted in Can Third Country National Stepfathers Derive Rights Of Residence From … Continue reading
Posted in Article 8, CFR, Children, CJEU, ECHR, Finland
Tagged 2003/86/EC, 2004/38/EC, Article 8, Case Law, ECHR, European Union, Free Movement
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Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 1
O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This pair of cases was referred to the Court of Justice of the European Union (CJEU) by the Korkein hallinto-oikeus – the Finnish Supreme Administrative Court. Although as … Continue reading
Posted in Article 8, CFR, Children, CJEU, ECHR, Finland
Tagged 2003/86/EC, 2004/38/EC, European Union, Free Movement, TFEU
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SSHD Required to Deal with Fresh Claims in Amended Grounds
ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012) It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading
Posted in Article 8, Asylum, Removals, Sri Lanka
Tagged Asylum, Case Law, Judicial Review, UKBA
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The new rules: Article 8 and Judges
MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC) (31 October 2012) – see previous post for facts and background. Despite commenting positively [29] on some aspects of the new rules, the UT still thought that it “would be … Continue reading
Posted in Article 8, Automatic Deportation, CJEU, Human Rights Act, Immigration Rules, Proportionality, UKBA 2007
Tagged Article 8, European Union, Nigeria, Tribunals
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New rules Not a Complete Code for Article 8
MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC) (31 October 2012) The Convention that emerged from the ashes of war to protect people’s freedoms should not have been made a target for a party’s political designs. This … Continue reading
Posted in Article 8, Automatic Deportation, Human Rights Act, Immigration Rules, Proportionality, Tribunals, UKBA 2007
Tagged Article 8, Children, ECHR, European Union, Nigeria
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LPP and Article 8 Hearing in Supreme Court Next Week
R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) UKSC 2010/0215 is an important case for lawyers and professionals everywhere so I thought that I would share the preview. It is a … Continue reading
Spectres of Pankina: The Rules, Fairness and Article 8
Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading
Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits
Tagged Article 8, Immigration Rules, Pankina, UK Supreme Court
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Challenging the Restriction on Alvi’s Scope
Like its predecessor Statement of Changes Cm8423, the explanatory memorandum to Statement of Changes HC 565 expressed the government’s regret in relation to the fact that the changes to the Immigration Rules did not (yet again) comply fully with the … Continue reading
Posted in Alvi, Article 8, Judicial Review, Pankina, PBS, Sedley LJ, UKSC
Tagged ECHR, Immigration Rules, UK Supreme Court, UKBA
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Other Family Members: The Rationale
The last post had shed a little bit of light on the decision of the Court of Justice of the European Union (“CJEU”) in relation to six questions which were referred to it by the Upper Tribunal (“UT”) in MR … Continue reading
Posted in Article 8, Cases, CFR, Citizens Directive, CJEU, ECHR, OFMs, Tribunals
Tagged Article 8, Case Law, ECHR, European Union, Free Movement
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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 Article 8, Case Law, Dependants, Immigration Rules, Polygamy, Tribunals
1 Comment
Removing adult children as family members
Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012) At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading
Article 8 and Kafka: Students under Chikwamba
Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading
Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4
Tagged Article 8, Free Movement, Immigration Rules, Pankina, Points Based System
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The vanishing prerogative
Munir & Anor, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 32 (18 July 2012) In these two appeals, the critical question before the Supreme Court was whether the SSHD’s statements in relation … Continue reading
Posted in Article 8, Cases, Children, Court of Appeal, Human Rights Act, UKSC
Tagged Article 8, Children, DP 5/96, ECHR, UK Supreme Court
1 Comment
Alvi: The Aftermath …
In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423 (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading
Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2
Tagged ECHR, Immigration Rules, Points Based System, UK Supreme Court
2 Comments
