Category Archives: Appendix FM

‘Sub-optimal’ Supplementary Decision Letters Are Lawful

Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is widespread in immigration judicial review. They are used in various situations in order to cure … Continue reading

Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

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

Children’s Rights Are Not Passports Against Deportation

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016) Makhlouf entered the UK in 1997 as the spouse of settled person and was granted indefinite leave to remain in 1999. He was … Continue reading

Posted in Appendix FM, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Proportionality, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Article 8 and Precariousness: Appendix FM in Supreme Court

These days the Immigration Rules are full of riddles. Applying a gloss on article 8 of the ECHR, wide-ranging rubric under the existing rules incorporates high legal tests such as “insurmountable obstacles”, “exceptional circumstances”, “compelling circumstances” and “exceptionality”. Such phrases dictate the … Continue reading

Posted in Appendix FM, Article 8, Blogging, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , , , , | Leave a comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

Article 8 and MIR: Appendix FM in Supreme Court

Despite stiff competition from other cases, these appeals have got to be the showdown of the year. Tearing through the UK’s social fabric the country’s immigration rules are a minefield and have been producing more than their fair share of … Continue reading

Posted in Appendix FM, Article 8, Asylum, Citizenship and Nationality, ECHR, Entry Clearance, Families, Human Rights Act, Immigration Rules, Judicial Review, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , , | 9 Comments

Supreme Court: Pre-entry English Tests Are Lawful

R (Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 (18 November 2015) Language, the most common human currency and form of expression, has become central to the great cultural tug-of-war unfolding in British society … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, English Tests, Entry Clearance, Human Rights Act, Immigration Rules, Judicial Review, Lady Hale, Proportionality, UKSC | Tagged , , , , , | 2 Comments