Category Archives: European Union

MG and Onuekwere: Part 1

Secretary of State for the Home Department v MG [2014] EUECJ C-400/12 (16 January 2014) Onuekwere v Secretary of State for the Home Department [2014] EUECJ C-378/12 (16 January 2014) In these punchy judgments, the Court of Justice of the … Continue reading

Posted in Cases, Citizens Directive, European Union, Permanent Residence | Tagged , , , | Leave a comment

Citizens’ Directive: Imprisonment and Permanent Residence

Nnamdi Onuekwere v Secretary of State for the Home Department [2013] EUECJ C-378/12 (03 October 2013) This post looks at Advocate General Yves Bot’s recent opinion on Directive 2004/38/EC and the right of permanent residence. The opinion “carries no legal … Continue reading

Posted in Citizens Directive, CJEU, European Union, Permanent Residence, Proportionality | Tagged , , , , | Leave a comment

Court of Justice of the European Union on State Security, Notification of Decisions, Disclosure and Judicial Protection

Case C-300/11 ZZ v Secretary of State for the Home Department (4 June 2013) This is such an interesting case, which also involves Islam and the West, on Directive 2004/38/EC (the Directive). Some of the details in the Special Immigration … Continue reading

Posted in CFR, Citizens Directive, CJEU, Closed Evidence, Disclosure, European Union, Proportionality | 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

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 , , , | Leave a comment

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

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

Posted in Cases, CJEU, Employment, European Union | Tagged , , , , | Leave a comment

EEA Regulations Amended

As explained in an alerter post on Free Movement Blog, as of 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will be amended through the Immigration (European Economic Area) (Amendment) Regulations 2012. The regulations are being amended to Give effect … Continue reading

Posted in Asylum, Citizens Directive, CJEU, European Union | Tagged , , | 1 Comment

Dutch charges deemed disproportionate

Commission v Netherlands (Failure of a Member State to fulfil obligations) [2012] EUECJ C-508/10 In this case the Court of Justice of the European Union (Second Chamber) ruled that in granting residence permits to third-country nationals, and to their family members, who … Continue reading

Posted in Article 8, CJEU, European Union, Fees, International Law, Netherlands | Tagged , , , | 2 Comments

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

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

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

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: SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC)

In this case, the issue before the UTIAC was whether time spent in custody is to be counted in the five-year period which an applicant requires to qualify as the family member of an EEA national in order to acquire … Continue reading

Posted in Cases, Detention, European Union, Immigration Law, Nigeria, Sedley LJ, Tribunals | Tagged , , , , | Leave a comment

Case Comment: FW v SSHD [2011] EWCA Civ 264

Lies and false statements in immigration applications are a common problem. Many a “clever” foreigner, often meritorious enough to qualify for the coveted Post Study Work visa, has fallen foul of the deception rules. It really isn’t a great idea … Continue reading

Posted in Article 8, Court of Appeal, European Union, False Statements, Frontex, Immigration Rules, Kenya, Nigeria, Post Study Work | Tagged , , , , , | Leave a comment

EU funding

European Union funding is available for projects lasting up to 3 years’ time under the European Refugee Fund (ERF) 2010 and European Integration Fund (EIF) 2010. ERF Under the ERF £1.8 million is available for new projects in 2010 in … Continue reading

Posted in Asylum, European Union, Funding, Integration | Tagged , , | Leave a comment

UKSC spotlight: FA (Iraq) (FC) v SSHD

The UK Supreme Court has unanimously decided that owing to numerous of issues which had arisen on appeal, a reference to the Court of Justice of the European Union for a preliminary ruling under Article 267 of the Treaty on … Continue reading

Posted in Article 2, Article 3, Asylum, Court of Appeal, European Union, Immigration Rules, Iraq, Removals, UKSC | Tagged , , , , | Leave a comment

UKBA to use 2nd class post for EU applicants

The UKBA will no longer pay for recorded delivery costs for returning the supporting documents of EU applications. Instead the agency will use second class post for EU applicants who don’t provide their own prepaid recorded delivery costs. This change … Continue reading

Posted in European Union, UKBA | Tagged , | Leave a comment

IPPR Review 2010/2011 says immigration to rise

The Institute for Public Policy Research (IPPR) has stated in its Migration Review 2010-2011 the the government’s policy on immigration in relation to restoring 1990s “tens of thousands” levels is bound to fail. The report also shed light on the … Continue reading

Posted in European Union, Immigration Cap, Immigration Law, Immigration Rules, IPPR, Settlement, Tier 1, Tier 2, Tier 4 | Tagged , , , , , | Leave a comment

New English tests are here

Via statement of changes to the rules CM 7944 the home secretary has introduced English language tests for spouses from today. This change will affect applications made by spouses, civil partners, unmarried partners, same-sex partners, fiancé(e)s and proposed civil partners who are involved with … Continue reading

Posted in Article 8, Dependants, English Tests, European Union, Immigration Law, Settlement, Spouses, UKBA | Tagged , , , , , | Leave a comment