Category Archives: s 55 BCIA

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

Child Asylum Seeker’s Detention Held Unlawful

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012) This case has a lot of faces because the legal issues it raises are quite complex. There is a lot in the … Continue reading

Posted in Asylum, Children, Detention, Human Rights Act, Iran, s 55 BCIA, UKSC | Tagged , , , , | Leave a comment

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker (W) Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments

Barriers to entry: spouses’ English tests upheld

Language is the commonest human currency and it has an historical connection to culture and politics. Ostensibly, English remains the lingua franca of the world. Yet its imposition upon people – often far away in a Gujarati, Punjabi or Yemeni … Continue reading

Posted in Article 12, Article 14, Article 8, Cases, English Tests, Human Rights, Immigration Rules, s 55 BCIA | 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

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