Category Archives: Appeals

‘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

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

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

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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

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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

Terrorism, Deprivation of Citizenship and Statelessness: SSHD (Respondent) v B2 (Vietnam)(Appellant) in Supreme Court

This is yet another case related to terrorism. It readily demonstrates that people from diverse backgrounds are attracted to Islamic extremism and that the UK is fertile ground for breeding fanatics. The dilemma for the UK, of course, is that … Continue reading

Posted in Appeals, Asylum, Citizenship and Nationality, Court of Appeal, Immigration Act 2014, Terrorism, UKSC | Tagged , , , , , | 8 Comments

Immigration Act 2014: Cutover to Appeals Provisions

Apart from kicking off a raft of other twisted provisions, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711, “the Order”) makes provision for partial commencement of the not so eagerly awaited appeals provisions … Continue reading

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