Category Archives: Appeals

‘Systemic Failure’: Second Appeals and Indemnity Costs

Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 (17 April 2018) This is another addition to Singh LJ’s expanding collection of heads. The new specimen is a Home Office scalp and it rather shamefully involves … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Costs, Court of Appeal, ECHR, Extradition, Families, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, Misconduct, Politics, Proportionality, Racism, Tribunals, UKSC, Windrush | Tagged , , , , , , , , , | Leave a comment

Appeal Rights and EFMs: The Opinion in Banger

AG Bobek’s Opinion, SSHD v Rozanne Banger C‑89/17, ECLI:EU:C:2018:225 Appeal rights in a hostile environment are a profoundly important question. In the case of Banger (Unmarried Partner of British National: South Africa) [2017] UKUT 125 (IAC) a series of questions were referred to … Continue reading

Posted in Appeals, Article 6, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, Judicial Review, OFMs, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Hague Convention: Supreme Court Confirms the Concept of ‘Repudiatory Retention’ in Child Abduction Cases

Re C (Children)(Abduction: Rights of Custody)[2018] UKSC 8 (14 February 2018) Turning on the controversial subject of child abduction, this case divided the Supreme Court on the outcome on the facts. But otherwise, the Justices concurred on key points of principle … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, CJEU, Court of Appeal, European Union, Families, Hague Convention, Lady Hale, UKSC, Women | Tagged , , , , , , | Leave a comment

Case Preview: FA (Pakistan) v SSHD

This appeal provides the Supreme Court the opportunity to further interpret its own historic case law by ascertaining (i) whether the refusal of asylum on the expectation an individual will suppress the expression of their religious faith, where the state … Continue reading

Posted in Ahmadis, Appeals, Article 3, Asylum, Islam, Pakistan, Persecution, Refugee Convention, UKSC | Tagged , , , , | Leave a comment

Court of Appeal: No Absolutism in Zambrano Principle

The Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 (02 February 2018) The government’s appeal in this case was stayed, prior to which the UT had allowed Robinson’s appeal against a FTT decision, pending … Continue reading

Posted in Appeals, Children, Citizens Directive, CJEU, Court of Appeal, Deportation, European Union, Free Movement, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 2 Comments

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment

Case Preview: Bashir and Others v SSHD

In her Christmas speech to British forces in Akrotiri, the prime minister celebrated the downfall of ISIS. Temporarily relieved from the turbulence of domestic and European politics, a triumphant Theresa May stressed that British military bases in Cyprus – the … Continue reading

Posted in Appeals, Article 14, Asylum, Brexit, CFR, Court of Appeal, ECHR, Human Trafficking, International Law, Italy, Judicial Review, Persecution, Politics, Refugee Convention, Settlement, UKSC | Tagged , , , , , , , , | 1 Comment