Category Archives: Tribunals

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

Silence of the Rules

Green (Article 8 – new rules) Jamaica [2013] UKUT 254 (IAC) (13 May 2013) The speed with which the immigration rules are changed is overwhelming. Inevitably, many things are overlooked. This is an interesting case where the Upper Tribunal (UT) … Continue reading

Posted in Article 8, Cases, Crime, Immigration Rules, Tribunals | Tagged , , | 1 Comment

Tribunal Unimpressed With New Rules Again: Part 1

Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC) (30 January 2013) Lately a plethora of immigration decisions have descended upon us. All this sensational case law makes awesome reading. But it is impossible to read it all. … Continue reading

Posted in Article 8, Cases, Immigration Rules, Nigeria, Proportionality, Tribunals | Tagged , , , , | Leave a comment

New rules Not a Complete Code for Article 8

MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC) (31 October 2012) The Convention that emerged from the ashes of war to protect people’s freedoms should not have been made a target for a party’s political designs. This … Continue reading

Posted in Article 8, Automatic Deportation, Human Rights Act, Immigration Rules, Proportionality, Tribunals, UKBA 2007 | Tagged , , , , | Leave a comment

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

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

Case Preview: Al-Sirri in Supreme Court

The extremely interesting of case of Al-Sirri (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2009/0036 will be heard in the UK Supreme Court by Lady Hale and Lords Phillips, Kerr, Dyson and Wilson. The Court … Continue reading

Posted in Asylum, Cases, Sedley LJ, Terrorism, Tribunals, UKSC | Tagged , , , , , | 6 Comments

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

President Blake blasts postal payments

Basnet (validity of application – respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012) A very large number of immigration applications are made in the post. In this important case the Upper Tribunal (President Blake and Judge Macleman) found that … Continue reading

Posted in Appeals, Cases, Dependants, Fees, Notices, Students, Tier 4, Tribunals | Tagged , , | Leave a 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

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

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

Using children to stop deportation: Part 1

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) This Upper Tribunal (UT, President Blake and Judge Jordon) case was about three fathers, the appellants, who relied on their family, especially British children, … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, Tribunals, UKBA 2007 | Tagged , , , | Leave a comment

Drug dealing and deportation

Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 46 (IAC) (07 February 2012) Pakistan has a significant minority Christian population (2.8 million) and adherents of the Christian faith in Punjab province are often called Masih – literally … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Pakistan, Tribunals | Tagged , , , | 2 Comments

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

Viva la Revolución? new Cuba guideline case

“… Liberators do not exist. The people liberate themselves.” Contrary to what Castro’s close comrade Che Guevara claimed, Cuba is one of the world’s last remaining autocratic communist regimes. Historically, the revolutionary country was once considered a bastion against imperialism. Yet … Continue reading

Posted in Asylum, Botswana, Cases, Che Guevara, Cuba, Freedom of Expression, Human Rights, Persecution, Revolution, Tribunals | Tagged , , , , , , , , | Leave a comment

Domestic violence and settlement: a Gujarati case

Earlier in the year the Director of Public Prosecutions (DPP) Keir Starmer QC highlighted the need to tackle domestic violence (DV) – see his speech Domestic Violence: the facts, the issues, the future. Starmer argued that the saying “it’s just … Continue reading

Posted in Article 8, Domestic Violence, DPP, Gujarat, Immigration Rules, India, Settlement, Tribunals, UKBA | Tagged , , , , , , | Leave a comment

Breach of Procedure Rules by Visa Officer: Cvetkovs (visa – no file produced – directions) Latvia [2011] UKUT 00212 (IAC)

This case – read judgment here – establishes that a failure by an ECO (“Visa Officer”) to supply documentary evidence under rule 13 of the Asylum and Immigration Tribunal (Procedural) Rules 2005 may result in directions being issued by the … Continue reading

Posted in Blake J, Cases, ECOs, Immigration Law, Judges, Latvia, s 19 UKBA 2007, Tribunals, Visitors | 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: 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