Category Archives: Removals

Welcome To The Jungle

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) It seems that the controversial jurisprudential saga of impenetrable jungle law has finally been settled. In unanimously dismissing these three appeals, the UK … Continue reading

Posted in Article 8, ECHR, Immigration Rules, Pankina, Removals, UKSC | Tagged , , | 1 Comment

Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

Posted in Article 8, Automatic Deportation, Cases, Human Rights Act, Immigration Law, Removals | Tagged , , , , | 7 Comments

Strike Three For New Rules: Part 2

Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) SSHD’s Case It was maintained that paragraph A362, part 13 (deportation), of the rules defeated O’s Article 8 claim and, even though the decision was made more … Continue reading

Posted in Article 8, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals | Tagged , , | Leave a comment

SSHD Required to Deal with Fresh Claims in Amended Grounds

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading

Posted in Article 8, Asylum, Removals, Sri Lanka | Tagged , , , | Leave a comment

Removing adult children as family members

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012)  At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading

Posted in Article 8, Children, False Statements, India, Pakistan, Removals | Tagged , , , , | Leave a comment

Overstaying, flight side service and re-entry

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading

Posted in Appeals, Domestic Workers, False Statements, Heathrow, Immigration Rules, Notices, Removals, Tier 1, WHM | 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

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

Automatic deportation and proportionality

Gurung v Secretary of State for the Home Department [2012] EWCA Civ 62 (02 February 2012) At times immigration cases have significant criminal elements. In this case, the respondent Rocky Gurung – a Nepali national whose father served as a Gurkha … Continue reading

Posted in Article 8, Automatic Deportation, Court of Appeal, Gurkhas, Removals, Sedley LJ, UKBA 2007 | 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

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

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | 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

Children “at the heart” of family reunions

The government has announced its plans for a more “humane approach” to family reunions where the best interests of children will remain paramount. The immigration minister’s statement in relation to ending the detention of children from last December can be … Continue reading

Posted in Article 8, Children, Detention, Families, Removals, s 55 BCIA, UKBA | Tagged , , , | Leave a comment

Latest immigration statistics

Overview The latest statistical bulletin produced by the Office for National Statistics (ONS) on immigration is a very telling document. In its latest publication the ONS has observed that: In the year to September 2010 the overall number of entry … Continue reading

Posted in Asylum, Employment, Enforcement, ONS, PBS, Removals | 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

Case Comment: ZH (Tanzania) v SSHD [2011] UKSC 4

While one Brenda (in Yarl’s Wood) awaits deportation from the UK to a certain death in Uganda, another Brenda in the Supreme Court of the United Kingdom (Baroness Hale of Richmond of course) has made some particularly telling observations regarding the … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Removals, s 55 BCIA, Tanzania, UKSC | Tagged , , , | Leave a comment

Please don’t deport Brenda Namigadde

One would have to agree with the archbishop of Canterbury Dr Williams that the killing of Ugandan gay rights’s activist David Kato, who was murdered at his home in Mukono, Kampala after having won in court against a tabloid which … Continue reading

Posted in Article 2, Article 5, Removals, Uganda, Uncategorized, Yarl's Wood IRC | Tagged , , , , | Leave a comment

The Subject Access Request

Apologies for not having written for the past two weeks. There has been a lot of action in my native country of Pakistan and most of it has been bad of course. I’m trying to arrange another blog in relation … Continue reading

Posted in East African Asians, Enforcement, Gandhi, Immigration Law, Removals, SAR, Tribunals, UKBA | Tagged , , , , , , | Leave a comment