Monthly Archives: April 2018

Citizens’ Directive: Permanent Residence is a Prerequisite of Eligibility for Enhanced Protection

B and Vomero, Joined Cases C‑316/16 and C‑424/16, ECLI:EU:C:2018:256 As discussed in an earlier post, B and Vomero provided the CJEU with a fresh opportunity to rectify earlier mistakes – chances that were allegedly “squandered” in the cases of Rendón Marín (C‑165/14, … Continue reading

Posted in CFR, Citizens Directive, Citizenship and Nationality, CJEU, Deportation, European Union, Free Movement, Immigration Act 2014, Immigration Act 2016, Permanent Residence, UKSC | Tagged , , , | Leave a comment

Appeal Rights and EFMs: The Opinion in Banger

AG Bobek’s Opinion, SSHD v Rozanne Banger C‑89/17, ECLI:EU:C:2018:225 Appeal rights in a hostile environment are a profoundly important question. In the case of Banger (Unmarried Partner of British National: South Africa) [2017] UKUT 125 (IAC) a series of questions were referred to … Continue reading

Posted in Appeals, Article 6, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, Judicial Review, OFMs, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Article 8 and ADRs: The End of the Line?

Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018) Singh LJ has recently taken yet another scalp. On this occasion his Lordship’s sword fell on the head of a helpless and elderly woman, a South African national … Continue reading

Posted in ADR, Appendix FM, Appendix V, Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC, Visitors, Women | Tagged , , , , , , | 3 Comments

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment

Seven Year Rule: ‘Powerful Reasons’ Approach Confirmed

MT & ET (Child’s Best Interests: Ex Tempore Pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) The president Peter Lane J has reconfirmed Elias LJ’s doctrine in MA (Pakistan) & Ors [2016] EWCA Civ 705 (see here) that “powerful reasons” are … Continue reading

Posted in Article 3, Article 8, Asylum, Children, ECHR, Judges, Nigeria, Proportionality, Students, Tribunals, UKSC, Women | Tagged , , , , , , , | 1 Comment