Category Archives: Article 8

Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life

Mahabir & Ors v Secretary of State for the Home Department [2021] EWHC 1177 (Admin) (06 May 2021) Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 … Continue reading

Posted in Article 14, Article 8, Children, ECtHR, Entry Clearance, Families, Hostile Environment, Judicial Review, Proportionality, Racism, Trinidad and Tobago, Windrush | Tagged , , , | Leave a comment

The “good character” requirement for Windrush naturalisation applicants was unlawful

R (Howard, Deceased) v Secretary of State for the Home Department [2021] EWHC 1023 (Admin) (23 April 2021)  Mr Justice Swift held in these proceedings that the government’s decision in early May 2018 to continue to apply the existing good … Continue reading

Posted in Article 14, Article 8, ECHR, ECtHR, Historic Injustice, Hostile Environment, Immigration Act 2014, Jamaica, Judicial Review, Windrush | Tagged , , , , , | Leave a comment

Government prevails over sexual offender in Court of Appeal

Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) In the SSHD’s appeal against a decision of the UT overturning a deportation order made in respect of Mr Deon Starkey, the Court of … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Deportation, Permanent Residence, Settlement, Sexual Offences, South Africa | Tagged , , , | Leave a comment

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Government can retain passport without removing citizenship

R (Xhelilaj) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) Mr Edmir Xhelilaj, a British citizen whose stated place of birth is now in the Republic of North Macedonia, sought judicial review of … Continue reading

Posted in Article 8, Asylum, Citizenship and Nationality, ECHR, Judicial Review, Settlement | Tagged , , , | Leave a comment

Appendix FM: SSHD cannot push parent into partner route

R (Khattak) v Secretary of State for the Home Department (“eligible to apply” – LTR – “partner”) [2021] UKUT 63 (IAC) (23 February 2021 Granting judicial review, the UT has held that an applicant is “eligible to apply for leave to … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Failure to provide legal aid advice to immigration detainees in prison is unlawful

R (SM) v Bail for Immigration Detainees [2021] EWHC 418 (Admin) (25 February 2021) In these proceedings, Swift J held that the failure to give immigration detainees held in prison access to publicly funded legal advice to an extent equivalent … Continue reading

Posted in Access to Justice, Article 14, Article 2, Article 3, Article 5, Article 8, Asylum, Bail, Detention, IRCs, UKSC | Tagged , , , , , , , , , | Leave a comment

Court of Appeal: Upper Tribunal must not speculate on facts

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)  Mr Lowe, a Jamaican national, appealed a decision of the UT to reverse the FTT’s decision to allow his appeal against the refusal … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Jamaica, Public Interest, Tribunals | Tagged , , , , , | Leave a comment

Upper Tribunal: ‘Historic injustice’ v ‘historical injustice’

Patel (historic injustice: NIAA Part 5A) India [2020] UKUT 351 (IAC) (25 November 2020)  The Upper Tribunal (Lane J and UTJ Norton-Taylor) has imparted guidance explaining the difference between “historic injustice” and “historical injustice” and it also gave guidance on … Continue reading

Posted in Appeals, Article 8, British Overseas Citizens, ECHR, Gurkhas, Historic Injustice, Historical injustice, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , | Leave a comment

Permission to work guidance for asylum seekers is unlawful

R (IJ (Kosovo)) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020)  The claimant, “IJ”, was a citizen of Kosovo who was determined to be a refugee and a victim of trafficking. During the … Continue reading

Posted in Article 4, Article 8, Asylum, Costs, ECAT, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judicial Review, Persecution, Working | Tagged , , , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Pakistani criminal who renounced British citizenship loses deportation appeal

Zulfiqar (‘Foreign criminal’: British citizen) [2020] UKUT 312 (IAC) (11 September 2020)  The Upper Tribunal has found that the meaning of “foreign criminal” is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. … Continue reading

Posted in Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Deportation, Immigration Act 2014, Immigration Rules, Nationality, Nikah, Pakistan, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Procedural fairness fails skilled migrant in Court of Appeal

R (Topadar) v Secretary of State for the Home Department [2020] EWCA Civ 1525 The uncertain outcome in the Supreme Court in R (Pathan) v SSHD [2020] UKSC 41, discussed here, was swiftly put to the test in the case … Continue reading

Posted in Appendix Skilled Worker, Article 8, Bank Accounts, Court of Appeal, Employment, Immigration Rules, Judicial Review, PBS, Procedural Fairness, Tier 2, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases

AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020)  The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading

Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Syria returnee’s proceedings do not breach right to fair trial

QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading

Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism | Tagged , , , , , , | Leave a comment