Tag Archives: UK Supreme Court

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

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 , , , , | 7 Comments

The Immigration Bill

Make no mistake about it. Immigration is the burning issue in the UK’s political arena. In May 2013, in setting out the legislative agenda, Her Majesty had explained that the government will bring forward a bill – ensuring that the … Continue reading

Posted in Article 8, Human Rights Act, Immigration Law, Immigration Rules, UKSC | Tagged , , , , | 2 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

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 Tale Of Two Colleges: Supreme Court Upholds Sponsorship Guidance But Questions The Immigration Act’s Efficacy

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)  Only a year sets the R (Alvi) v SSHD [2012] UKSC 33 and R (New London College … Continue reading

Posted in Education, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 4 | Tagged , , , , | Leave a comment

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

Strike Three For New Rules: Part 2

Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) SSHD’s Case It was maintained that paragraph A362, part 13 (deportation), of the rules defeated O’s Article 8 claim and, even though the decision was made more … Continue reading

Posted in Article 8, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals | 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

Asylum and the Purposes and Principles of the United Nations

Al-Sirri (Appellant) v Secretary of State for the Home Department (Respondent) DD (Afghanistan) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 54   In handing down judgment in these cases on the law of refugee status, the … Continue reading

Posted in Afghan War, Appeals, Asylum, CJEU, Pakistan, Refugee Convention, Sedley LJ, Terrorism | 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

Spectres of Pankina: The Rules, Fairness and Article 8

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading

Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits | 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

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

For He’s a Jolly Good Fellow

This morning’s business in the UK Supreme Court had an unexpected but extremely pleasant surprise for viewers. Apart from the Court’s usual business of handing down several judgments, Lord Hope made a profoundly touching speech about Lord Phillips – the Court’s … Continue reading

Posted in Judges, Lord Phillips, UKSC | 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

Alvi: Every “Rule” Must Be Laid

R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant) [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , , | Leave a 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

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