Tag Archives: Case Law

Adjournments: Fairness is the Supreme Criterion

Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) (4 September 2014) As explained in the Best Practice Guide to Asylum and Human Rights Appeals, it is difficult to get adjournments in immigration cases. Most paper applications are refused. That is exactly … Continue reading

Posted in Appeals, Judges, Tier 1, Tribunals | Tagged , , | Leave a comment

Only the Civil Standard Applies in Demonstrating Citizenship

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014) This is a noteworthy case, with roots in Pakistan, about the standard of proof to be applied by Her Majesty’s Passport Office (HMPO) with … Continue reading

Posted in Bangladesh, Citizenship and Nationality, India, Judicial Review, Pakistan | Tagged , , | Leave a comment

Experts And Temporary Leave To Remove From Jurisdiction

AB (A Child: Temporary Leave To Remove From Jurisdiction: Expert Evidence) [2014] EWFC 2758 is an important case where an arranged marriage broke down and during the course of private law proceedings the mother wanted to take her six year … Continue reading

Posted in Article 8, Children, India, Spouses | Tagged , , , | Leave a comment

Defence of Illegality Inapplicable to Trafficked Nigerian Woman’s Discrimination Claim Says Supreme Court

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014) “A small claim generates an important point”, said the Supreme Court in this intriguing case regarding the circumstances in which the defence of illegality should defeat a complaint by … Continue reading

Posted in Council of Europe, Court of Appeal, ECHR, Employment, Human Trafficking, International Law | Tagged , , | Leave a comment

Arden LJ on CSIC and Permanent Residence

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014) Should the spouse of an economically inactive EEA citizen, i.e. a national of one of the member states of the EU or of one … Continue reading

Posted in CFR, Citizens Directive, CJEU, Court of Appeal, Pakistan, Permanent Residence, Uncategorized | Tagged , , , , | Leave a comment

Death Row Grandmother’s Appeal Dismissed

Sandiford, R (on the application of) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014) This is a must know case for anyone representing British citizens in legal proceedings abroad. Mrs Sandiford (S), … Continue reading

Posted in Article 2, Article 3, Article 6, ECHR, FCO, Judicial Review | Tagged , , , , | Leave a comment

Deportation Order Terminates ILR

George, R (on the application of) v The Secretary of State for the Home Department (SSHD) [2014] UKSC 28 Theresa May, who has vowed to cleanse the UK of the malaise of criminal foreigners, must be delighted with the Supreme … Continue reading

Posted in Article 8, Deportation, Settlement | Tagged , , , , | Leave a comment