Tag Archives: Case Law

Fresh Claims and Freedom of Religion

ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012) Husayn ibn Alī ibn Abī Ṭālib, or Imam Husayn, was the grandson of the Prophet Muhammed (Peace Be Upon Him). Like the present predicament of … Continue reading

Posted in Article 9, Asylum, ECHR, Forced marriage, Immigration Rules, Pakistan | Tagged , , , , | Leave a 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

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

New Syria Country Guidance

KB (Failed asylum seekers and forced returnees) Syria CG UKUT 00426 (IAC) (21 December 2012) Once the beating heart of Arab nationalism, Syria is a country in ruins. After achieving independence in 1946, dozens of constitutions and cabinets came and went … Continue reading

Posted in Article 3, Asylum, Human Rights, Politics | Tagged , , , , , | 2 Comments

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

SSHD Required to Deal with Fresh Claims in Amended Grounds

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading

Posted in Article 8, Asylum, Removals, Sri Lanka | 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

“Secret Detention”: Assurances and Effective Verification?

XX v Secretary of State for the Home Department [2012] EWCA Civ 742  In mid June 2012, the Court of Appeal (Lord Neuberger MR, Richards and Davis LJJ) unanimously upheld the Special Immigration Appeals Commission’s (SIAC) decision that the deportation … Continue reading

Posted in Appeals, Article 3, Article 5, Article 6, Closed Evidence, Detention, Ethiopia, Terrorism | Tagged , , , | 2 Comments

EEA Regulations Amended

As explained in an alerter post on Free Movement Blog, as of 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will be amended through the Immigration (European Economic Area) (Amendment) Regulations 2012. The regulations are being amended to Give effect … Continue reading

Posted in Asylum, Citizens Directive, CJEU, European Union | Tagged , , | 1 Comment

Immigration and Stare Decisis

Patel & Ors v Secretary of State for the Home Department [2012] EWCA Civ 741 (01 June 2012) The Court of Appeal (Lord Neuberger MR, Lady Hallett Vice President QBD and Stanley Burnton LJJ) has decided that the SSHD was not … Continue reading

Posted in Court of Appeal, False Statements, Neuberger PSC, Notices, Sedley LJ, WHM | Tagged , , , | 1 Comment

Overstaying, flight side service and re-entry

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading

Posted in Tier 1, Immigration Rules, False Statements, Removals, Heathrow, Appeals, Notices, WHM, Domestic Workers | Tagged , , | Leave a comment

Dutch charges deemed disproportionate

Commission v Netherlands (Failure of a Member State to fulfil obligations) [2012] EUECJ C-508/10 In this case the Court of Justice of the European Union (Second Chamber) ruled that in granting residence permits to third-country nationals, and to their family members, who … Continue reading

Posted in Article 8, CJEU, European Union, Fees, International Law, Netherlands | Tagged , , , | 2 Comments

Notices must advise accurately on appeal rights

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012) In this case the Court of Appeal (Pill, Moses and Sullivan LJJ) heard an appeal in a judicial review case. The court unanimously reversed … Continue reading

Posted in Appeals, Court of Appeal, Notices, Refugee Convention, Settlement | Tagged , , , , | 1 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

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

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

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

Refugee Convention and lawful presence?

Update - The UKSC handed down its judgment in this case on 21 March 2012 and the most recent post in relation to this case is available here.  R (on the application of ST (Eritrea))(FC) (Appellant) v Secretary of State for … Continue reading

Posted in Asylum, ECHR, Eritrea, Ethiopia, Human Rights, Persecution, Refugee Convention | Tagged , , , , | 13 Comments

Massive Somalia Guidance

Once the arena for the expansionist designs of European powers – such as Britain and Italy – in the Horn of Africa, Somalia is arguably the foremost complex humanitarian emergency in the world: pretty much Hell on Earth. These days, … Continue reading

Posted in Al-Shabab, Asylum, ECHR, Female Genital Mutilation, Human Rights, Mogadishu, Persecution, Somalia, Women | Tagged , , , , , , , , | Leave a comment