Author Archives: mkp

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Advocate High Courts of Pakistan

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

AA (Afghanistan): What is the Scope of the Tracing Duty?

The Supreme Court looks set to hear a trio of Afghan asylum cases next week. The fact that AA (Afghanistan) (Appellant) UKSC 2014/0081 and TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 involve children does not detract from the truly … Continue reading

Posted in Afghan War, Asylum, Children, CJEU, Judicial Review, s 55 BCIA | Tagged , , , | Leave a comment

Under Zoumbas, Tribunal Cases Can’t Contradict Nagre

Javed & Ors v Secretary of State for the Home Department [2015] EWHC 390 (Admin) (20 February 2015) This judicial review claim concerned a six member Pakistani family. Together with his wife, two sons and two daughters, Mr Javed arrived … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

Alvi Argument Betrays Work Permit Holder

R (Memon) v The Secretary of State for the Home Department [2015] EWHC 205 (Admin) (06 February 2015) The Memons are a fiercely business-minded people who originate in the Sindh province of Pakistan and the Indian state of Gujarat. The … Continue reading

Posted in Alvi, Cases, Immigration Rules, Judicial Review, Pakistan, Work Permits | Tagged , , , | 3 Comments

‘Historic Injustice’: Adult Child’s Appeal Allowed

AP (India) v The Secretary of State for the Home Department [2015] EWCA Civ 89 (13 February 2015) The Court of Appeal recently revisited the theme of “historic injustice” and Elias, McCombe and King LJJ unanimously held in this case … Continue reading

Posted in Article 8, Citizenship and Nationality, East African Asians, ECHR, Gurkhas, Historic Injustice | Tagged , , , , | 1 Comment

Presidential Guidance on Dublin Cases

R (Weldegaber) v Secretary of State for the Home Department (Dublin Returns – Italy) IJR [2015] UKUT 70 (IAC) (12 Feb 2015) Yosief Weldegaber, the applicant for judicial review was a 31-year old Eritrean national. His removal was stayed by … Continue reading

Posted in Article 3, Asylum, CFR, Human Rights Act | Tagged , , , , , , | Leave a comment

The ‘Unvarnished’ Article 8: Haleemudeen Wrongly Decided

Singh v The Secretary of State for the Home Department [2015] EWCA Civ 74 (12 February 2015) In this case on the interaction between the old rules and the new rules, the Court of Appeal (Arden, Lewison and Underhill LJJ) … Continue reading

Posted in Appendix FM, Article 8, Cases, ECHR, Immigration Rules, Proportionality | Tagged , , | Leave a comment