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UKVI News and Updates- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Transparency data: Ukraine Visa Schemes: visa data
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
- Labour government would halt Rwanda deportations from day one, Starmer says
- ‘Cringeworthy’: what people in Dover think of Labour and Keir Starmer – video
- Rebecca Hendin on small boats and the Eurovision song contest – cartoon
- ‘Hard truths’: how far will Starmer push to show Labour has changed?
- Home Office U-turn lets woman stay in UK with husband and son
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Category Archives: Automatic Deportation
Woman resident in the UK for 39 years loses deportation battle
Khadija Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024) The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). … Continue reading
Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Pakistan, Permanent Residence, Proportionality, Public Interest, Tribunals, UKBA 2007
Tagged Article 8, Automatic Deportation, Case Law, Court of Appeal, ECHR, FIA, Pakistan, Settlement, Tribunals
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KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading
Supreme Court allows Jamaican criminal’s appeal
SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022) The Supreme Court allowed the complex deportation appeal of “SC”, a Jamaican national born in 1991 who arrived in the UK in December 2001 … Continue reading
Supreme Court dismisses deportation appeal of settled Iranian national who lawfully entered the UK as a child
Sanambar v Secretary of State for the Home Department [2021] UKSC 30 (16 July 2021) The Supreme Court unanimously dismissed Mr Sanambar’s appeal and held that the Upper Tribunal correctly approached the balancing exercise required by article 8 of the ECHR and it … Continue reading
Posted in Appeals, Article 8, Asylum, Automatic Deportation, Deportation, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Removals, Settlement, Tribunals, UKSC
Tagged Article 8, Asylum, Üner, Case Law, Court of Appeal, Immigration Rules, Maslov, Tribunals, UK Supreme Court
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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
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
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 Article 8, Case Law, Children, Court of Appeal, Criminal Offences, Immigration Rules, Renunciation of Citizenship, Spouses, Tribunals
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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 Article 8, Case Law, Children, Court of Appeal, Criminal Offences, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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Court of Appeal reviews the meaning of “unduly harsh”
HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020) The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Asylum, British Nationality, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Refugee Convention, Tribunals, UK Supreme Court
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Court of Appeal interprets section 117D(2) of the NIAA 2002
Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020) The Court of Appeal has held that when determining whether a person had been convicted of an offence … Continue reading
‘Black British’: Nigerian criminal wins in Court of Appeal
CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019) The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush
Tagged Article 8, Asylum, British Nationality, Court of Appeal, Criminal Offences, ECHR, Tribunals, UK Supreme Court
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Jamaican father of six British children loses in Court of Appeal
The Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 (11 July 2019) This is another tale of a father with six British children who lost his case in the Court of Appeal. Floyd, Hickinbottom … Continue reading
Pakistani father of six British children loses deportation appeal
MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252 (18 July 2019) In this case with striking facts, the Court of Appeal upheld decisions made by the First-tier Tribunal and Upper Tribunal in relation to … Continue reading
Paposhvili and precedent: SCD patient loses in Court of Appeal
Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading
Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC
Tagged Article 8, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Paposhvili, Tribunals, UK Supreme Court
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Jamaican drug dealer beats Home Office in Court of Appeal
The Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019) The Court of Appeal has held that FTTJ Burnett had been entitled to hold that the deportation of a Jamaican citizen (JC) … Continue reading
Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Settlement, Tribunals, UKBA 2007
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Tribunals, UK Supreme Court
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Seven Year Rule: Child-Centred Decision By Supreme Court
KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018) The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding … Continue reading
Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, Deception, ECHR, Families, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Removals, s 55 BCIA, UKSC
Tagged Article 8, Case Law, Children, Criminal Offences, ECHR, Immigration Rules, Judicial Review, Tribunals, UK Supreme Court
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Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza
MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading
Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals
Tagged Asylum, Case Law, Court of Appeal, ECHR, Persecution, Refugee Convention, Removals, Spouses, Terrorism, Tribunals
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Brexit and the EU Settlement Scheme
As if Appendix FM and its sinister siblings were not enough, soon free movement law will interact with the Immigration Rules in the form of Appendix EU so as to implement settled status for EU citizens and their family members. … Continue reading
Posted in Appendix EU, Appendix FM, Article 8, Automatic Deportation, Brexit, Citizens Directive, CJEU, ECHR, Enhanced Protection, European Union, Free Movement, Immigration Act 2014, Immigration Rules, Permanent Residence, Proportionality, Public Interest, Settlement, Spouses, UKSC
Tagged 2004/38/EC, Appendix EU, Article 8, Brexit, Criminal Offences, ECHR, European Union, Free Movement, Immigration Rules, Points Based System, Spouses, Withdrawal Agreement
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Undue Harshness and the Public Interest in Deportation
IT (Jamaica) involves the important issue of the weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be “unduly harsh” on his British citizen child within the … Continue reading
Posted in Article 8, Automatic Deportation, Children, ECHR, European Union, Families, Immigration Act 2014, Immigration Rules, Jamaica, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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Parental Conduct and the Seven Year Rule
NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading
Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Removals, Tribunals, UK Supreme Court
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