Category Archives: Article 8

Integration is Multidimensional: ‘Generic Factors’ Count in Calculating Integrative Links in Deportation Cases

AS (Iran) v Secretary of State for the Home Department [2017] EWCA Civ 1284 (23 August 2017) AS entered the UK aged nine with his mother under the family reunion rules because his father had been granted indefinite leave to … Continue reading

Posted in ADR, Article 8, Cases, Court of Appeal, Deportation, ECHR, Employment, Human Rights Act, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Zambrano Carers: ‘Benefits Tourism’ and EU Law

The right to care is not an express function of the EU Treaties or the law of freedom of movement. Yet under case law even a non-EU citizen primary carer can claim a right of residence on the basis of … Continue reading

Posted in Article 14, Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Judges, Judicial Review, Miller, Neuberger PSC, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

The Home Office Must Prove Abuse Of EU Law Rights

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017) During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants … Continue reading

Posted in Article 12, Article 8, Brexit, Citizens Directive, ECHR, Enforcement, European Union, Permanent Residence, Proportionality, Spouses, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment

Inherent Jurisdiction: Article 8 and Adoption

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017) Nigerians are automatically associated with corruption and deception. The magnitude of the problem is such that even honest citizens of Nigeria – who … Continue reading

Posted in Adoption, Article 8, Children, Dependants, ECHR, Entry Clearance, Families, Immigration Rules, Inherent Jurisdiction, PBS | Tagged , , , , , | Leave a comment

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

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

BritCits v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) “Dead woman walking” zombie Theresa May’s odium for the sick and elderly achieved infamy long before her “dementia tax” debacle. The courts have … Continue reading

Posted in ADR, Appendix FM, Article 8, Dependants, ECHR, Immigration Rules, India, Judicial Review, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment