Author Archives: mkp

About mkp

Advocate High Courts of Pakistan

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

Student Loans: Settlement Criterion Declared Unlawful

R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 (29 July 2015) Soaring costs, rampant hostility towards foreigners and rigid rules have made the UK an unattractive place to live and study. But should settlement … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, Education, Human Rights Act, Immigration Rules, Lady Hale, Settlement, Students, UKSC | Tagged , , , , , | 1 Comment

Terror Imam: Monitoring Measures Breach ECHR

DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading

Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism | Tagged , , , , , | 1 Comment

Supreme Court: ‘Ravichandran is Sound’

MA and AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40 (24 June 2015) “Aur Sardar Khan tum ko asylum mil giya kya (did you get your asylum Sardar Khan)?” I ask the young Peshawari Afghan … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, Court of Appeal, European Union, Immigration Act 2014, Judicial Review, Terrorism | Tagged , , , , , , | 1 Comment

Stringency and Sensibility under Appendix FM

R (Agyarko & Ors) v The Secretary of State for the Home Department [2015] EWCA Civ 440 (06 May 2015) This is the sequel to the SS (Congo) case analysed in the last post. To do with leave to remain … Continue reading

Posted in Appendix FM, Article 8, Children, Immigration Rules, Judicial Review, Proportionality, Spouses | Tagged , , , , | Leave a comment

‘Full Coverage’: Family Life, Exceptionality and the Rules

The Secretary of State for the Home Department v SS (Congo) & Ors [2015] EWCA Civ 387 (23 April 2015) In these cases relating to the admission of spouses under Appendix FM, the Court of Appeal (Richards, Underhill and Sales … Continue reading

Posted in Appeals, Appendix FM, Article 8, Entry Clearance, Human Rights Act, Immigration Rules, Spouses | Tagged , , | Leave a comment

‘Evidential Flexibility’ in Supreme Court

Imagine that you made a mistake in your immigration application but were later able to fix the problem because of the “evidential flexibility” policy. This issue has vexed both litigants and the courts for quite some time now. On appeal … Continue reading

Posted in Court of Appeal, Immigration Rules, India, PBS, s 19 UKBA 2007, Students, Tier 4, Tribunals | Tagged , , , | 2 Comments