Tag Archives: Constitution

Case Preview: Alvi and Munir in Supreme Court

The latest post on Alvi is available here. For the impact of Alvi on the Immigration Rules see post here. The latest post on Rahman, Munir and DP 5/96 is available here. Original post continues below. Writing last week on the … Continue reading

Posted in Article 8, Cases, Immigration Rules, Pankina, PBS, Sedley LJ, Settlement | Tagged , , , , , | 13 Comments

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

The Coalition Government and Immigration’s New Clothes

It appears from the view taken by the Chartered Institute of Personnel and Development (CIPD) that the Points Based System introduced by the former Labour government is working. The system has had more success in controlling immigration than its introducing Labour … Continue reading

Posted in Article 8, Business, Constitution, Court of Appeal, Economy, Immigration Rules, Overseas Workers, PBS, Post Study Work, Tier 1, Tier 2, Uncategorized | Tagged , , , , , , | Leave a comment

Pre-23 June Overseas Applications, the Pankina Judgment, and Judicial Review

The Pankina Policy: Reliefs and Exclusions Subsequent to the Court of Appeal’s judgment in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Points Based System Maintenance (Funds): Policy Document produced by the UKBA selectively … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2, UKBA | Tagged , , , , , , , | Leave a comment

Case Comment: TM (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 916

The present case from Zimbabwe is about refugee sur place activity. This is where persons who were not refugees when they left their countries of origin became refugees later because of intervening events. Refugees sur place may owe their fear … Continue reading

Posted in Asylum, Cases, Court of Appeal, Persecution, UKBA, Zimbabwe | Tagged , , , | Leave a comment

Pankina Reliefs

Pankina, or AP (Russia) was a landmark case and it has given rise to a multitude of new issues in immigration law. The case demonstrates that the Points Based System (“PBS”) is susceptible to legal challenges which are constitutionally well … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Consultation(s), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1 | Tagged , , , , , , , | 1 Comment

Case Comment: SSHD v Anastasia Pankina [2010] EWCA Civ 719

Departing from the tier system’s continuous 3 month £800 maintenance requirement English judges certainly know how to pronounce judgments without fear of reprisal from the executive branch of government. The reason for this might be that in England to remove … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1, UKBA | Tagged , , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to East Africa by … Continue reading

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 1 Comment

Kenyan constitutional reform: potential problems in Africa’s Asian British citizenship maze

It is entirely possible that Kenyan Asians who were persecuted in Kenya and discriminated against at home in the UK (which denied them their rightful entry into the UK through perverse legislation such as the Commonwealth Immigrants Act 1968) will … Continue reading

Posted in British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | Leave a comment