Tag Archives: ECHR

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

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments

Case Preview: R (Lord Carlile & Ors) v SSHD in Supreme Court

In Khomeinism: Essays on the Islamic Republic Ervand Abrahamian argued that populism, and not fundamentalism, toppled the Shah’s regime. Having visited Iran during the reformist Khatemi era, I can say that back then Iranians did crave democracy but were powerless … Continue reading

Posted in Appeals, Article 10, Iran, Islam, Politics, UKSC | Tagged , , , , | Leave a comment

UK’s Afghanistan Detention Policy Unlawful

Mohammed v Ministry of Defence & Ors [2014] EWHC 1369 (QB) (02 May 2014) In the wake of the September 11 attacks, stability in Afghanistan became a priority for world leaders. But before all that happened, America, Britain and Saudi … Continue reading

Posted in Afghan War, Article 2, Article 5, ECHR, International Law | Tagged , , , | 1 Comment

Article 8 is Not a Box Ticking Exercise

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014) In this case Mr Justice Green held that it is important to avoid a “tick box” mentality in respect of article 8 of the … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Proportionality, Spouses | Tagged , , , | Leave a comment

Asylum seeking is a world-wide phenomenon

EM (Eritrea), R (on the application of) v Secretary of State for the Home Department [2014] UKSC 12 (19 February 2014)  This case is about so many things; the despotic state of Eritrea, which ranks last in the world for … Continue reading

Posted in Article 3, Asylum, CJEU, Council of Europe, ECHR | Tagged , , , | Leave a comment

Welcome To The Jungle

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) It seems that the controversial jurisprudential saga of impenetrable jungle law has finally been settled. In unanimously dismissing these three appeals, the UK … Continue reading

Posted in Article 8, ECHR, Immigration Rules, Pankina, Removals, UKSC | Tagged , , | 1 Comment

Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

Posted in Article 8, Automatic Deportation, Cases, Human Rights Act, Immigration Law, Removals | Tagged , , , , | 8 Comments

Vive la France!

B & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2281 (Admin) Islam is in the news a lot. Muslims consider their faith to be a religion of tolerance but some of … Continue reading

Posted in Article 3, Article 8, Article 9, Asylum, Children, ECHR, Judicial Review, UKSC | Tagged , , , , | Leave a comment

Court of Justice of the European Union on State Security, Notification of Decisions, Disclosure and Judicial Protection

Case C-300/11 ZZ v Secretary of State for the Home Department (4 June 2013) This is such an interesting case, which also involves Islam and the West, on Directive 2004/38/EC (the Directive). Some of the details in the Special Immigration … Continue reading

Posted in CFR, Citizens Directive, CJEU, Closed Evidence, Disclosure, European Union, Proportionality | Tagged , , , | Leave a comment

Interesting Judgment On Deporting EU Nationals

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013) This is yet another interesting and useful judgment by His Honour Judge Anthony Thornton QC. The decision involves the Immigration (European Economic … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Tribunals | Tagged , , , , | 2 Comments

A Rather Cruel Piece Of Mockery: Part 1

MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) (05 July 2013) Much has been said about the controversial mandatory financial requirements – which almost half of the UK’s working … Continue reading

Posted in Article 8, Asylum, COA, Forced marriage, Judicial Review, Spouses | Tagged , , , , | Leave a comment

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