Category Archives: ECHR

Fresh Claims and Freedom of Religion

ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012) Husayn ibn Alī ibn Abī Ṭālib, or Imam Husayn, was the grandson of the Prophet Muhammed (Peace Be Upon Him). Like the present predicament of … Continue reading

Posted in Article 9, Asylum, ECHR, Forced marriage, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

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 , , , , , , | Leave a comment

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

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CJEU: Public Manifestation of Religion and Persecution

Bundesrepublik Deutschland v Y & Z [2012] EUECJ C-71/11 (05 September 2012) Pakistan is an intolerant country where human rights are routinely violated and minorities are persecuted. The paradox is that the country was created because Indian Muslims feared a marginal … Continue reading

Posted in Article 9, Asylum, CFR, CJEU, ECHR, Germany, Pakistan | Tagged , , , , | 2 Comments

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

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

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

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

Children and Conflicts between Courts

In the Matter of S (a Child) [2012] UKSC 10 (14 March 2012)  This case is about a relationship which became sour. A two-year old child, “W”, was involved and the UK Supreme Court unanimously declined to return the child to Australia … Continue reading

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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

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

Students, cancellation, curtailment and private life

Fiaz (cancellation of leave to remain – fairness) Pakistan [2012] UKUT 57 (IAC) (22 February 2012) Facts Having one’s leave/visa curtailed is quite a serious matter but to have it cancelled is a lot worse. In this case the appellant … Continue reading

Posted in Arrivals, Article 8, Blake J, ECHR, False Statements and Misrepresentations, Immigration Rules, Pakistan, PBS, Students | Tagged , , , , | 1 Comment

Human Trafficking, Dublin II and Certification

In AA (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 23 the Court of Appeal (Longmore and Maurice Kay LJJ, Sir David Keene) unanimously affirmed Mrs Justice Thirlwall’s decision in the High Court. From AA’s perspective, the … Continue reading

Posted in Asylum, Council of Europe, ECHR, European Union, Human Trafficking | Tagged , , , , , | Leave a comment

National security case in Supreme Court

The UKSC has handed down its judgment in this case on 7 March 2012. The Court has allowed these appeals. The Judgment is available here and the press summary is available here. The past decade has produced a series of … Continue reading

Posted in Closed Evidence, Disclosure, ECHR, Human Rights Act, Removals | Tagged , , , , , | 1 Comment

Refugee Convention and lawful presence?

Update - The UKSC handed down its judgment in this case on 21 March 2012 and the most recent post in relation to this case is available here.  R (on the application of ST (Eritrea))(FC) (Appellant) v Secretary of State for … Continue reading

Posted in Asylum, ECHR, Eritrea, Ethiopia, Human Rights, Persecution, Refugee Convention | Tagged , , , , | 13 Comments

Massive Somalia Guidance

Once the arena for the expansionist designs of European powers – such as Britain and Italy – in the Horn of Africa, Somalia is arguably the foremost complex humanitarian emergency in the world: pretty much Hell on Earth. These days, … Continue reading

Posted in Al-Shabab, Asylum, ECHR, Female Genital Mutilation, Human Rights, Mogadishu, Persecution, Somalia, Women | Tagged , , , , , , , , | Leave a comment

A letter from Manchester

On any given day of the year Manchester’s streets buzz endlessly with chatter in the Punjabi language which – like headscarves, Qur’āns, shalwar kameez, mosques, miles of takeaways and foreigners – is a local trademark. Things, however, are not quite what they … Continue reading

Posted in ECHR, Immigration Amnesty, Manchester, Muslims, Pakistan, Politics, Removals, Settlement, UKSC | Tagged , , , , , , , | Leave a comment

R (Thamby) v SSHD: LTTE, nationality, naturalisation and “good character”

This judicial review case – Thamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1763 read judgment here – concerned the SSHD’s refusal to naturalise as a citizen a Tamil national of Sri … Continue reading

Posted in Cases, ECHR, False Statements, Genocide, International Law, Judicial Review, Nationality, Persecution, Sri Lanka | Tagged , , , , , , , | Leave a comment

European Hegemony: Kapitel Eins

“Flüchtlinge? Das sind keine Flüchtlinge, sondern illegale Migranten.” (Refugees? They are not refugees but illegal immigrants.) Some years ago Ilkka Laitinen, Executive Director of Frontex described refugees in the above manner to Der Standard; he simultaneously used the opportunity to … Continue reading

Posted in Council of Europe, ECHR, European Union, Frontex, Hegemony, Human Trafficking, International Law | Tagged , , , , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment