Tag Archives: ECHR

Tribunal Unimpressed With New Rules Again: Part 2

Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC) (30 January 2013) The UT explained that the SSHD “overstates the significance of the rule change” and the effects of this change on Article 8 decision making where judges … Continue reading

Posted in Article 8, Children, European Union, Immigration Rules, Nigeria, 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

Independent Chief Inspector Slams Agency On Legacy Cases

On 22 November 2012, the Independent Chief Inspector of Borders and Immigration (“the inspector”) Mr John Vine CPE QPM – whose office was established under section 48 of the UK Borders Act 2007 – published An inspection of the UK … Continue reading

Posted in Asylum, John Vine, UKBA, UKBA 2007 | Tagged , , , , | 3 Comments

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

LPP and Article 8 Hearing in Supreme Court Next Week

R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) UKSC 2010/0215 is an important case for lawyers and professionals everywhere so I thought that I would share the preview.  It is a … Continue reading

Posted in Article 8, Human Rights Act, LPP | Tagged , | 1 Comment

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

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

Removing adult children as family members

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012)  At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading

Posted in Article 8, Children, False Statements, India, Pakistan, Removals | Tagged , , , , | Leave a 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

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

Alvi: The Aftermath …

In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423  (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading

Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2 | Tagged , , , | 2 Comments

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

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

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

Unacceptable Behaviour and Deportation – Part 2

Mahajna v Home Secretary (deportation hate speech – unacceptable behaviour) [2012] UKUT B1 (IAC). This post is a continuation of Unacceptable Behaviour and Deportation, Part 1. The Upper Tribunal The UT thought that although the SSHD’s views on the public interest were … Continue reading

Posted in Appeals, Article 10, Cases, ECHR, Israel, Palestine, Unacceptable Behaviour | Tagged , , , , | Leave a comment

Unacceptable Behaviour and Deportation – Part 1

Mahajna v Home Secretary (deportation hate speech – unacceptable behaviour) [2012] UKUT B1 (IAC)  This case was about much more than immigration. It was also about the problems of the Middle East. In fact, the Israeli–Palestinian conflict and the British authorities’ … Continue reading

Posted in Appeals, Article 10, Detention, ECHR, Israel, Palestine, Tribunals | Tagged , , , , | Leave a comment

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker (W) Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments

Using children to stop deportation: Part 1

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) This Upper Tribunal (UT, President Blake and Judge Jordon) case was about three fathers, the appellants, who relied on their family, especially British children, … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, Tribunals, UKBA 2007 | Tagged , , , | Leave a comment