Monthly Archives: February 2012

Students, cancellation, curtailment and private life

Fiaz (cancellation of leave to remain – fairness) Pakistan [2012] UKUT 57 (IAC) (22 February 2012) Facts Having one’s leave/visa curtailed is quite a serious matter but to have it cancelled is a lot worse. In this case the appellant … Continue reading

Posted in Arrivals, Article 8, Blake J, ECHR, False Statements and Misrepresentations, Immigration Rules, Pakistan, PBS, Students | Tagged , , , , | 1 Comment

Chief Inspector unimpressed with Agency

Last year’s border row resulted in John Vine CBE QPM (Independent Chief Inspector of the UK Border Agency, “the Inspector”) being commissioned by the Home Secretary “to investigate and report on the level of checks operated at ports of entry to … Continue reading

Posted in Arrivals, Chief Independent Inspector, Security Checks, UKBA | Tagged , , , , | Leave a comment

Korean Peninsula: “up against a brick wall”

Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012) The Korean War (1950 – 1953), an historic first instance example of the Cold War getting hot, was a defining … Continue reading

Posted in Asylum, Court of Appeal, Korean Peninsula, Nationality, Refugee Convention, Tribunals | Tagged , , , , | Leave a comment

April changes to points-based system

The Immigration Rules are changed all the time. No part of the rules has been varied as much as the points-based system (PBS). The purpose of the PBS was to harmonise the old rules which brought about its creation. Yet, … Continue reading

Posted in Immigration Rules, PBS, Post Study Work, Tier 1, Tier 2, Tier 4 | Tagged , , | 3 Comments

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 Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s observations … 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

Drug dealing and deportation

Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 46 (IAC) (07 February 2012) Pakistan has a significant minority Christian population (2.8 million) and adherents of the Christian faith in Punjab province are often called Masih – literally … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Pakistan, Tribunals | Tagged , , , | 2 Comments

Work permits, earnings and settlement

Philipson (ILR – not PBS: evidence) India [2012] UKUT 39 (IAC)  In the work categories under the immigration rules, earnings are vital for extensions and acquiring settlement rights (or Indefinite Leave to Remain). But, as the Upper Tribunal (Mr Justice … Continue reading

Posted in Article 8, Blake J, PBS, s 19 UKBA 2007, Settlement, Tier 2, Work Permits | Tagged , , , | Leave a comment

Automatic deportation and proportionality

Gurung v Secretary of State for the Home Department [2012] EWCA Civ 62 (02 February 2012) At times immigration cases have significant criminal elements. In this case, the respondent Rocky Gurung – a Nepali national whose father served as a Gurkha … Continue reading

Posted in Article 8, Automatic Deportation, Court of Appeal, Gurkhas, Removals, Sedley LJ, UKBA 2007 | Tagged , , , | Leave a comment