Category Archives: Cases

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 , , | 1 Comment

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 , , , , | Leave a comment

CJEU: The Concept of a Formally Limited Residence Permit

State Secretary van Justitie v Mangat Singh [2012] EUECJ C-502/10 (18 October 2012) As explained in recitals 25 and 26 of its preamble, Directive 2003/109/EC (“the directive”), concerning the status of third-country nationals who are long-term residents, does not apply … Continue reading

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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 , , , , | Leave a comment

CJEU: Re Other Family Members

Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11 (05 September 2012) Lamenting that it was “unfortunate” that the Immigration (European Economic Area) Regulations 2006 (“the regulations”, which transpose Directive 2004/38/EC or the “Citizens Directive” … Continue reading

Posted in Bangladesh, Cases, Citizens Directive, CJEU, OFMs | Tagged , , , | 3 Comments

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 , , , , | 1 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

Posted in Appeals, Article 10, Cases, ECHR, Israel, Palestine, Unacceptable Behaviour | Tagged , , , , | Leave a comment

Case Preview: Al-Sirri in Supreme Court

The extremely interesting of case of Al-Sirri (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2009/0036 will be heard in the UK Supreme Court by Lady Hale and Lords Phillips, Kerr, Dyson and Wilson. The Court … Continue reading

Posted in Asylum, Cases, Sedley LJ, Terrorism, Tribunals, UKSC | Tagged , , , , , | 6 Comments

Falun Gong, Country Guidance and HJ (Iran)

LW (China) v Secretary of State for the Home Department [2012] EWCA Civ 519 (24 April 2012)  In this case the Court of Appeal (Black, Mummery and Moore Bick LJJ) found that a Chinese asylum seeker’s discreet involvement in Falun … Continue reading

Posted in Article 3, Asylum, Cases, China, Court of Appeal, Tribunals | Tagged , , , , | Leave a comment

Case Preview: Alvi and Munir in Supreme Court

The latest post on Alvi is available here. For the impact of Alvi on the Immigration Rules see post here. The latest post on Rahman, Munir and DP 5/96 is available here. Original post continues below. Writing last week on the … Continue reading

Posted in Article 8, Cases, Immigration Rules, Pankina, PBS, Sedley LJ, Settlement | Tagged , , , , , | 13 Comments

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

Refugee Convention: domestic law defines “lawful”

R (on the application of ST (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 12 (21 March 2012) The Supreme Court – Lady Hale and Lords Hope, Brown, Mance, Kerr, Clarke and Dyson – has unanimously … Continue reading

Posted in Asylum, Cases, Eritrea, Ethiopia, Persecution, Removals, UKSC | Tagged , , , | 3 Comments

POCA: seizure, detention and forfeiture of cash

What do two suitcases – stuffed with £10 and £20 notes totalling £50,000 – being checked-in from London to Istanbul have in common with a submission of no case to answer and the Proceeds of Crime Act 2002 (“POCA”)? Secretary of … Continue reading

Posted in Cases, Crime, Crown Court, Heathrow, High Court, POCA, Turkey | Tagged , , , , , | Leave a comment

Extradition and family life hearing in Supreme Court

UPDATE: The UKSC handed down judgment in these cases today (20 June 2012). The press summary is available here and the judgment is available here. BAILII judgment available here. The Court unanimously allowed the appeal in the case of FK. … Continue reading

Posted in Article 8, Cases, Children, ECHR, European Union, Extradition, United States | Tagged , , , | 13 Comments

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker (W) Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments

Using children to stop deportation: Part 1

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) This Upper Tribunal (UT, President Blake and Judge Jordon) case was about three fathers, the appellants, who relied on their family, especially British children, … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, Tribunals, UKBA 2007 | Tagged , , , | Leave a comment

Barriers to entry: spouses’ English tests upheld

Language is the commonest human currency and it has an historical connection to culture and politics. Ostensibly, English remains the lingua franca of the world. Yet its imposition upon people – often far away in a Gujarati, Punjabi or Yemeni … Continue reading

Posted in Article 12, Article 14, Article 8, Cases, English Tests, Human Rights, Immigration Rules, s 55 BCIA | Tagged , , , , , | Leave a comment

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

Guidelines for Other Family Members

In the case of MR & Ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC), where an Irish national had sponsored her Bangladeshi in-laws to live with her family in Northern Ireland, Mr Justice Blake (Blake J) – the … Continue reading

Posted in Cases, Citizens Directive, CJEU, European Union, OFMs, Tribunals | Tagged , , , , , | 4 Comments

Viva la Revolución? new Cuba guideline case

“… Liberators do not exist. The people liberate themselves.” Contrary to what Castro’s close comrade Che Guevara claimed, Cuba is one of the world’s last remaining autocratic communist regimes. Historically, the revolutionary country was once considered a bastion against imperialism. Yet … Continue reading

Posted in Asylum, Botswana, Cases, Che Guevara, Cuba, Freedom of Expression, Human Rights, Persecution, Revolution, Tribunals | Tagged , , , , , , , , | Leave a comment