Author Archives: mkp

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Advocate High Courts of Pakistan

Paragraph 353 is the Gateway to Human Rights Appeals

R (Waqar) v SSHD (statutory appeals/paragraph 353) (IJR) [2015] UKUT 169 (IAC) (25 March 2015) This case exposes the conflict inherent in the system of appeals. Waqar argued that paragraph 353 of the Immigration Rules had been subsumed within the … Continue reading

Posted in Appeals, Crime, Deportation, ECHR, Immigration Act 2014, Immigration Rules | Tagged , , , , | 3 Comments

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | Leave a comment

e-Borders Arbitration Set Aside for ‘Serious Irregularity’

These judgments given by Akenhead J relate to the e-Borders controversy. The e-Borders passenger information system was marketed as a one-stop solution to the UK’s immigration and security problems. Under e-Borders the Home Office sought to create an electronic system to … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, Court of Appeal, Politics, Terrorism | Tagged , , , , , | 2 Comments

Supreme Court: EU Law Fails Vietnamese Jihadist

Pham v Secretary of State for the Home Department [2015] UKSC 19 (25 March 2015) In the case of Pham (formerly “B2”), Lord Neuberger PSC, Lady Hale DPSC and Lord Mance, Lord Wilson, Lord Sumption, Lord Reed and Lord Carnwath … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Immigration Act 2014, Politics, Proportionality, Statelessness | Tagged , , , , | Leave a comment

Union Law and Kafka under the EEA Regulations

The Immigration (European Economic Area) (Amendment) Regulations 2015 (“the 2015 Regulations”), which enter into force on 6 April 2015, further amend the Immigration (European Economic Area) Regulations 2006 (“the 2006 Regulations”). Among other things, the 2015 Regulations aim to amend … Continue reading

Posted in Appeals, Cases, Citizens Directive, CJEU, European Union | Tagged , , , | Leave a comment

HC 1116 and ‘Abuse’ of Asylum by Syrians

Statement of Changes in Immigration Rules HC 1116 was immediately condemned as “sickening”. Undoubtedly, the formula of a well-founded fear of persecution is wide open to abuse. However, in light of all the carnage that we have witnessed over the … Continue reading

Posted in Asylum, Immigration Rules, Pakistan, Persecution, Syria, Terrorism, Visitors | Tagged , , , | 1 Comment

‘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