Category Archives: Appeals

Court of Appeal: Guidance on Entry Clearance and MIR

Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018) The Supreme Court’s ruling in MM (Lebanon) [2017] UKSC 10 permitted the operation of the Minimum Income Requirement (MIR) for partners in Appendix … Continue reading

Posted in Appeals, Appendix FM, Blake J, Children, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, MIR, Precariousness, Proportionality, Spouse visa, Spouses, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Banger: EFMs are Covered by Surinder Singh

In Banger (C-89/17, EU:C:2018:570), the CJEU recently held that the historic decision in Surinder Singh (C-370/90, EU:C:1992:296) applies to an extended family member (EFM) and where an EU citizen returns to his member state of origin it must facilitate the … Continue reading

Posted in Appeals, Brexit, Citizens Directive, CJEU, European Union, Free Movement, OFMs, Permanent Residence, Spouses, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Tier 1 (General): Perspectives on Paragraph 322(5) and ILR

Cases in the Tier 1 (General) category present an outrage because we would not really expect highly skilled migrants to be punished for being honest by paying their taxes. Similarly, we would also not expect migrants who add value to … Continue reading

Posted in Appeals, Article 8, Cases, ECHR, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Misconduct, Pakistan, Paragraph 322(5), PBS, Post Study Work, Proportionality, Public Interest, Tier 1, Tribunals | Tagged , , , , , , , , | 1 Comment

‘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