Author Archives: mkp

About mkp

Advocate High Courts of Pakistan

‘Messy’ Article 3 and the ‘Obscure Policy of Mercy’

SJ v BELGIUM 70055/10, Judgment (Struck out of the List), (Grand Chamber), 19/03/2015 When she was eight months pregnant, SJ (a Nigerian national born in 1989) claimed asylum in Belgium in July 2007. She contended that she had fled Nigeria because … Continue reading

Posted in Article 3, Article 8, Asylum, Belgium, CFR, CJEU, Court of Appeal, ECHR | Tagged , , , , | Leave a comment

Court of Appeal: American Visitor’s Appeal Allowed

PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015) In this case, Elias and Fulford LJJ, Dame Janet Smith allowed Phyllis Gain’s appeal and remitted the matter to the Upper Tribunal … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, PBS, Proportionality, Tier 2, Visitors | Tagged , , , , | Leave a comment

Article 8 and Public Interest Considerations: Key Features

Dube (ss. 117A-117D) [2015] UKUT 90 (IAC) (24 February 2015) This was the Home Office’s appeal against the decision of First-tier Tribunal where the judge upheld Dube’s appeal in relation to being refused indefinite leave to remain. Dube was a … Continue reading

Posted in Article 8, Immigration Act 2014, Proportionality, Public Interest, Zimbabwe | Tagged , , , | Leave a comment

Presidential Guidance on Article 8 and Entry Clearance

Mostafa (Article 8 in entry clearance) [2015] UKUT 112 (IAC) (6 March 2015) The Entry Clearance Officer (ECO, Cairo) appealed the decision of the First-tier Tribunal to allow Mostafa’s appeal against the ECO’s decision in September 2013 to refuse him … Continue reading

Posted in Appeals, Article 8, Entry Clearance, Families, Spouses, Visitors | Tagged , , , | Leave a comment

Supreme Court: Jamaica Generally Unsafe for Gay Community

R (Brown (Jamaica)) v Secretary of State for the Home Department [2015] UKSC 8 (4 March 2015) The Home Secretary’s appeal to the Supreme Court, in relation to whether Jamaica should be included on the list of states designated in … Continue reading

Posted in Article 3, Asylum, Homophobia, Judicial Review | Tagged , , , | Leave a comment

Kaleidoscopic Changes in Immigration Rules Continue

Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading

Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors | Tagged , , , | 2 Comments

Immigration Act 2014: New Appeals Regime Rolled Out

Further implementation of the abolition of appeal rights under the Immigration Act 2014 (“the Act”) arrived earlier this month in the form of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (“the Order”). … Continue reading

Posted in Appeals, Article 8, Immigration Act 2014, Immigration Rules, PBS | Tagged , , | 20 Comments