Category Archives: Appeals

‘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

‘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 , , , , | 4 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

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