Category Archives: Court of Appeal

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 | 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

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 , , , , | Leave a comment

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

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

Alvi: Every “Rule” Must Be Laid

R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant) [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , , | Leave a comment

Immigration and Stare Decisis

Patel & Ors v Secretary of State for the Home Department [2012] EWCA Civ 741 (01 June 2012) The Court of Appeal (Lord Neuberger MR, Lady Hallett Vice President QBD and Stanley Burnton LJJ) has decided that the SSHD was not … Continue reading

Posted in Court of Appeal, False Statements, Neuberger PSC, Notices, Sedley LJ, WHM | Tagged , , , | 1 Comment

SK (Zimbabwe): mob violence and exclusion from asylum

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807, please read judgment.  SK appealed the Upper Tribunal’s decision on the grounds that, on a true interpretation of the Rome Statute, her acts did not amount … Continue reading

Posted in Asylum, Court of Appeal, International Law, Persecution, Zimbabwe | Tagged , , , , , | Leave a comment

Zimbabwe Hearing in UKSC: Watch Live 18-19 June

The latest post on these cases can be found here. The rest of this post continues as originally published. On Monday 18 and Tuesday 19 June 2012, Lady Hale and Lords Hope, Kerr, Clarke, Dyson, Wilson and Reed will hear … Continue reading

Posted in Article 2, Article 3, Asylum, Court of Appeal, ECHR, Removals, UKSC, Zimbabwe | Tagged , , , , | 3 Comments

Historic Injustice and Proportionality

Ghising (family life – adults – Gurkha policy) Nepal [2012] UKUT 160 (IAC) In this case the Upper tribunal said that “the ambit of Article 8 is not circumscribed” and in reducing the importance normally attached to immigration control the … Continue reading

Posted in Article 8, Court of Appeal, East African Asians, Gurkhas, Immigration Rules, Proportionality, Settlement | Tagged , , , , | Leave a comment

Case Preview: DD (Afghanistan) in Supreme Court

DD (Afghanistan) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2011/0003 is the sequel to the Al-Sirri case. The same panel of justices will hear the DD case in the UK Supreme Court for two days, on … Continue reading

Posted in Article 3, Asylum, Court of Appeal, Pakistan, Refugee Convention, Terrorism, UKSC | Tagged , , , , | 1 Comment

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

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

A rule is a rule

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment

Korean Peninsula: “up against a brick wall”

Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012) The Korean War (1950 – 1953), an historic first instance example of the Cold War getting hot, was a defining … Continue reading

Posted in Asylum, Court of Appeal, Korean Peninsula, Nationality, Refugee Convention, Tribunals | Tagged , , , , | Leave a comment