Category Archives: Appeals

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

Suitability Criteria for Entry Clearance are ‘Rather Clumsy’

Entry Clearance Officer – United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) Entry clearance for a foreign national with significant previous criminal convictions is dealt with under paragraph S-EC.1.4. … Continue reading

Posted in Appeals, Appendix FM, Article 8, Asylum, Children, Deportation, ECHR, Entry Clearance, Immigration Rules, Proportionality, Public Interest, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment

‘Integration’ Calls for a Broad Evaluative Judgment

Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 (11 August 2016) It is nearly impossible to find an immigration judgment at the Court of Appeal level that does not mention any case law at all. … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Immigration Act 2014, Immigration Rules, Public Interest, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

No Section 83 Right of Appeal for Asylum Decision

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33 (22 June 2016) This case is somewhat academic because it relates to the construction of section 83 of the Nationality, Immigration and Asylum Act 2002. The provision … Continue reading

Posted in Africa, Appeals, Asylum, Immigration Act 2014, Persecution, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , | 1 Comment

Theresa May’s New Crusade

Life should be a fairy tale if you are Theresa May but things are not going according to plan in her Alice in Wonderland world. Although economic and social realities negate everything she claimed in her recent speech at her … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, ECHR, Immigration Bill 2015, Immigration Rules, Judges, Judicial Review, UKSC, Women | Tagged , , , , | 6 Comments

New Punishments: Immigration Bill 2015

The onslaught continues. The Immigration Act 2014 promised to root out the ills of the system but now fresh legislation has been proposed to cure things even further and the home office recently announced a welter of new (improved) anti-immigrant … Continue reading

Posted in Access to Justice, Appeals, Article 8, Bank Accounts, ECHR, Economy, Employment, Enforcement, European Union, Human Rights Act, Immigration Act 2014, Immigration Bill 2015, Judicial Review, Politics, Tribunals | Tagged , , , , , , | 1 Comment