Category Archives: UKSC

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

Challenging the Restriction on Alvi’s Scope

Like its predecessor Statement of Changes Cm8423, the explanatory memorandum to Statement of Changes HC 565 expressed the government’s regret in relation to the fact that the changes to the Immigration Rules did not (yet again) comply fully with the … Continue reading

Posted in Alvi, Article 8, Judicial Review, Pankina, PBS, Sedley LJ, UKSC | Tagged , , , | Leave a comment

The vanishing prerogative

Munir & Anor, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 32 (18 July 2012)  In these two appeals, the critical question before the Supreme Court was whether the SSHD’s statements in relation … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Human Rights Act, UKSC | Tagged , , , , | 1 Comment

Apolitical Zimbabweans and Persecution

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2012] UKSC 38 (25 July 2012)  This case is of great importance not only to the law, but also to the study of politics and international relations. In … Continue reading

Posted in Appeals, Article 10, Article 9, Asylum, Court of Appeal, UKSC, Zimbabwe | Tagged , , , , | Leave a comment

For He’s a Jolly Good Fellow

This morning’s business in the UK Supreme Court had an unexpected but extremely pleasant surprise for viewers. Apart from the Court’s usual business of handing down several judgments, Lord Hope made a profoundly touching speech about Lord Phillips – the Court’s … Continue reading

Posted in Judges, Lord Phillips, UKSC | Tagged , | Leave a comment

Alvi: Every “Rule” Must Be Laid

R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant) [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | 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

Case Preview: DD (Afghanistan) in Supreme Court

DD (Afghanistan) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2011/0003 is the sequel to the Al-Sirri case. The same panel of justices will hear the DD case in the UK Supreme Court for two days, on … Continue reading

Posted in Article 3, Asylum, Court of Appeal, Pakistan, Refugee Convention, Terrorism, UKSC | Tagged , , , , | 1 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

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

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

Children and Conflicts between Courts

In the Matter of S (a Child) [2012] UKSC 10 (14 March 2012)  This case is about a relationship which became sour. A two-year old child, “W”, was involved and the UK Supreme Court unanimously declined to return the child to Australia … Continue reading

Posted in Article 8, Children, ECHR, Hague Convention, UKSC | Tagged , , , , , | Leave a comment

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

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

Points-based system, switching, etcetera

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Poppycock claims

Just as day two in the Quila appeal kicks off (watch here or join the discussion here or please click the twitter blackbird pie item at the end of this post), I would just like to take the opportunity to state … Continue reading

Posted in Article 8, Immigration Rules, India, PBS, Spouses, UKBA, UKSC | 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

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment

UKSC spotlight: R (MR (Pakistan)) v The UT (IAC) and SSHD

When I met AP in Leicester last October she was in tears. She came from India to the UK with dreams of a happy marriage and was mistreated by her husband instead. Since then her applications for permission to appeal to … Continue reading

Posted in Article 8, Cases, Domestic Violence, Immigration Rules, India, Pakistan, UKSC | 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