Category Archives: Court of Appeal

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

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

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

A Nice Bit Of Beer

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013) The UK Border Agency (as it partially continues to call itself) is easily criticised for the way it … Continue reading

Posted in Cases, Court of Appeal, ECHR, Judicial Review, Notices, UKSC | Tagged , , , | Leave a comment

Interesting Judgment On Deporting EU Nationals

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013) This is yet another interesting and useful judgment by His Honour Judge Anthony Thornton QC. The decision involves the Immigration (European Economic … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Tribunals | Tagged , , , , | 2 Comments

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 , , , , | Leave a comment