Category Archives: UKBA 2007

Independent Chief Inspector Slams Agency On Legacy Cases

On 22 November 2012, the Independent Chief Inspector of Borders and Immigration (“the inspector”) Mr John Vine CPE QPM – whose office was established under section 48 of the UK Borders Act 2007 – published An inspection of the UK … Continue reading

Posted in Asylum, John Vine, UKBA, UKBA 2007 | Tagged , , , , | 3 Comments

Immigration Rules Changed Again

Yet another set of changes in the immigration rules is around the corner and most of these will enter into force on 13 December 2012. To this end, Statement of changes in Immigration Rules HC 760 envisages a plethora of … Continue reading

Posted in Dependants, Immigration Rules, PBS, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

The new rules: Article 8 and Judges

MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC) (31 October 2012) – see previous post for facts and background. Despite commenting positively [29] on some aspects of the new rules, the UT still thought that it “would be … Continue reading

Posted in Article 8, Automatic Deportation, CJEU, Human Rights Act, Immigration Rules, Proportionality, UKBA 2007 | 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

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

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