Tag Archives: Article 8

Strike Three For New Rules: Part 1

Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013)  Nigeria – Africa’s most populous country – is spearheading the campaign against deportation and Ogundimu is the third case in a row where the judiciary has sent … Continue reading

Posted in Article 8, Crime, Human Rights Act, Nigeria, Settlement | Tagged , , | 3 Comments

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

The EU Dimension to Proportionality

Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012) Deportation is a hugely controversial issue. Unsurprisingly, opinion on it remains utterly polarised. Journalists and lawyers alike have tried … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Proportionality | Tagged , , , , | Leave a comment

Can Third Country National Stepfathers Derive Rights Of Residence From Union Citizen Children?: Part 2

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11 (06 December 2012) This post analyses the rationale espoused by the CJEU in relation to its ruling which is highlighted in Can Third Country National Stepfathers Derive Rights Of Residence From … Continue reading

Posted in Article 8, CFR, Children, CJEU, ECHR, Finland | Tagged , , , , , , | Leave a comment

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

Spectres of Pankina: The Rules, Fairness and Article 8

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading

Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits | 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

Article 8 and Polygamy

SG (child of polygamous marriage) Nepal [2012] UKUT 265 (IAC) (9 July 2012) The Upper Tribunal (“UT”, Justice Blake and Judge Dawson) has recently made it clear that in cases involving polygamy a child will not be able to join … Continue reading

Posted in Appeals, Article 8, Blake J, Children, Immigration Rules, Settlement | Tagged , , , , , | 1 Comment

Article 8 and Kafka: Students under Chikwamba

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4 | 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

Family Migration and Article 8′s New Dress

Theresa May’s rabid immigration policies are no secret and the government is changing the Immigration Rules yet again. It is the eighteenth statement of changes in the Immigration Rules to be announced by the Home Office since the present government … Continue reading

Posted in Article 8, Dependants, Immigration Rules, Judges, Proportionality, Settlement | Tagged , , , , , | 7 Comments

Historic Injustice and Proportionality

Ghising (family life – adults – Gurkha policy) Nepal [2012] UKUT 160 (IAC) In this case the Upper tribunal said that “the ambit of Article 8 is not circumscribed” and in reducing the importance normally attached to immigration control the … Continue reading

Posted in Article 8, Court of Appeal, East African Asians, Gurkhas, Immigration Rules, Proportionality, Settlement | Tagged , , , , | Leave a comment

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

A rule is a rule

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment

Extradition and family life hearing in Supreme Court

UPDATE: The UKSC handed down judgment in these cases today (20 June 2012). The press summary is available here and the judgment is available here. BAILII judgment available here. The Court unanimously allowed the appeal in the case of FK. … Continue reading

Posted in Article 8, Cases, Children, ECHR, European Union, Extradition, United States | Tagged , , , | 13 Comments

Students, cancellation, curtailment and private life

Fiaz (cancellation of leave to remain – fairness) Pakistan [2012] UKUT 57 (IAC) (22 February 2012) Facts Having one’s leave/visa curtailed is quite a serious matter but to have it cancelled is a lot worse. In this case the appellant … Continue reading

Posted in Arrivals, Article 8, Blake J, ECHR, False Statements and Misrepresentations, Immigration Rules, Pakistan, PBS, Students | Tagged , , , , | 1 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

Home secretary loses marriage visa case

R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) R (on the application of Bibi and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC … Continue reading

Posted in Article 8, Chile, Court of Appeal, Forced marriage, Human Rights, Immigration Rules, Pakistan, Spouse visa | Tagged , , , , , | 4 Comments