Monthly Archives: December 2023

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances

Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading

Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC | Tagged , , , , | Leave a comment

Court of Appeal quashes Upper Tribunal’s article 8 decision in deception case

Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) In this case, the Court of Appeal remitted to the Upper Tribunal an Indian national’s claim based on the right to respect for family … Continue reading

Posted in Article 8, Court of Appeal, Deception, ECHR, False Statements and Misrepresentations, Immigration Rules, India, Judges, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal finds ‘flaws at all levels’ in ECAA case

R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366 (23 November 2023) The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to … Continue reading

Posted in Appeals, Court of Appeal, ECAA, Immigration Rules, Judicial Review, Tribunals, Turkey, Working | Tagged , , , , | Leave a comment