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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: CFR
“Immigration exemption” from the GDPR is unlawful
R (The Open Rights Group & Anor) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 800 (26 May 2021) The Court of Appeal has decided that that “immigration exemption” paragraph 4 of Schedule 2 … Continue reading
Posted in Access to Justice, Appeals, Article 8, CFR, CJEU, Court of Appeal, ECHR, European Union, GDPR, Hostile Environment, Judicial Review, UKSC
Tagged Article 8, Court of Appeal, DPA, European Union, GDPR, Judicial Review, UK Supreme Court
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No further “exceptional circumstances” test for Zambrano carers in deportation cases
Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 (16 December 2020) This appeal raised the issue whether a third-country national (TCN) otherwise benefiting from the derivative right to reside within EU territory pursuant to the … Continue reading
Posted in Brexit, CFR, Children, CJEU, Court of Appeal, European Union, Jamaica, UKSC
Tagged Brexit, Case Law, Children, Court of Appeal, European Union, UK Supreme Court
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Upper Tribunal: An extended family member must demonstrate continuous dependency on the sponsor
Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020) The appellant, Mr Chowdhury, was a Bangladeshi national who tried to enter the UK as a student with entry clearance for three years. Upon interview at immigration control … Continue reading
Posted in Appeals, Bangladesh, Brexit, CFR, Citizens Directive, CJEU, EUSS, Free Movement, Judicial Review, Tribunals, UKSC
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Tribunals, UK Supreme Court
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Zambrano carers: The test of compulsion is a practical test
Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019) Addressing the scope of the substance of rights test devised in Zambrano (C-34/09, EU:C:2011:124), whereby a non-member state national (or a third country national “TCN”) … Continue reading
Posted in Appendix EU, Article 8, Brexit, CFR, Citizenship and Nationality, CJEU, European Union, EUSS, Human Rights, Settlement, UKSC
Tagged Brexit, Case Law, Children, Free Movement, Spouses, Tribunals, UK Supreme Court
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Does EIG satisfy Dublin III on detaining asylum seekers?
In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading
Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC
Tagged Asylum, Brexit, Court of Appeal, Detention, ECHR, Judicial Review, Persecution, UK Supreme Court
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Should the UK provide MLA to the US for the death penalty?
In the Divisional Court, the mother of the accused ISIS terrorist Shafee El Sheikh, Maha El Gizouli failed in her challenge against the Home Secretary’s decision to provide mutual legal assistance (MLA) to the US without requiring an assurance that … Continue reading
Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK?
Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of rights test, as a “high-water mark” in the CJEU’s jurisprudence. Thereafter, the court began to suffer from “citizenship exhaustion” and the “test was shelved … Continue reading
Posted in Appendix EU, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Families, Immigration Rules, Netherlands, Pakistan, Settlement, Tribunals, UKSC
Tagged 2004/38/EC, Article 8, Brexit, Children, Dependants, ECHR, Removals, Spouses, Tribunals, UK Supreme Court
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Free Movement and Kafala: CJEU Judgment in SM (Algeria)
SM (Enfant place sous kafala algerienne) (Citizenship of the European Union – “Direct descendant” – Judgment) (C-129/18, EU:C:2019:248) The CJEU has confirmed AG Campos Sánchez-Bordona’s opinion that a child in the guardianship of an EU citizen under the kafala system … Continue reading
Posted in Adoption, Article 8, Brexit, CFR, Children, Citizens Directive, CJEU, ECHR, ECOs, Entry Clearance, European Union, Families, Free Movement, Guardianship, UKSC
Tagged 2004/38/EC, Article 8, Brexit, Children, ECHR, UK Supreme Court
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AG Campos Sánchez-Bordona: Kafala children are not direct descendants but are other family members
SM v Entry Clearance Officer, UK Visa Section (C-129/18, EU:C:2019:140) In response to the reference made by the Supreme Court in SM (Algeria) [2018] UKSC 9 (see here), AG Campos Sánchez-Bordona advised the CJEU to declare that a child in the … Continue reading
Posted in Adoption, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Free Movement, Lady Hale, UKSC, UNCRC
Tagged 2004/38/EC, Article 8, Court of Appeal, ECHR, European Union, Free Movement, Tribunals, UK Supreme Court
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No death penalty assurance is necessary for ISIS ‘Beatles’
R (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019) In a rolled-up hearing, Lord Burnett LCJ and Garnham J granted permission for judicial review in these proceedings but their Lordships dismissed … Continue reading
Posted in Article 3, Article 8, CFR, ECHR, Human Rights Act, International Law, Iran, Judicial Review, Politics, Rule of law, Terrorism, UKSC
Tagged Article 8, British Nationality, ECHR, Judicial Review, Terrorism, UK Supreme Court
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Section 67: Court of Appeal on UASC and Procedural Fairness
R (Help Refugees Ltd) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018) So that they may properly challenge adverse decision-making by way of judicial review, the Court of Appeal has held … Continue reading
Posted in Asylum, CFR, Children, Consultation(s), Court of Appeal, European Union, Immigration Act 2016, Immigration Rules, Judicial Review, Persecution, Politics, Refugee Convention, UKSC
Tagged Asylum, Case Law, Children, ECHR, European Union, Fairness, Judicial Review, UASC, UK Supreme Court
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The Coman Case: Same-Sex Marriage and Free Movement Law
The CJEU has held that the term “spouse” within the meaning of the provisions of EU law on freedom of residence for EU citizens and members of their family includes spouses of the same sex. Despite the member states’ freedom to … Continue reading
Posted in Article 8, CFR, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, European Union, Free Movement, Spouses
Tagged 2004/38/EC, Article 8, Case Law, ECHR, European Union, Free Movement, Spouses, UK Supreme Court
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Medical Cases: Asylum, Torture and EU Law
Case C-353/16 MP (Sri Lanka) v SSHD (ECLI:EU:C:2017:795) In this reference, the Supreme Court asked the CJEU to rule on the question whether a third country national, who had been tortured in the past but will not be tortured upon return, … Continue reading
Posted in Article 3, Asylum, CFR, CJEU, ECHR, European Union, International Law, Persecution, Refugee Convention, Removals, Sri Lanka, Statelessness, UKSC
Tagged Asylum, Case Law, Court of Appeal, ECHR, European Union, Persecution, Refugee Convention, Removals, UK Supreme Court
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Citizens’ Directive: Permanent Residence is a Prerequisite of Eligibility for Enhanced Protection
B and Vomero, Joined Cases C‑316/16 and C‑424/16, ECLI:EU:C:2018:256 As discussed in an earlier post, B and Vomero provided the CJEU with a fresh opportunity to rectify earlier mistakes – chances that were allegedly “squandered” in the cases of Rendón Marín (C‑165/14, … Continue reading
Supreme Court: Reference to CJEU on Kefalah Children
SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 (14 February 2018) This appeal concerning legal guardianship under the Islamic “kefalah” system provided the Supreme Court the opportunity to refer three questions to the CJEU. The justices … Continue reading
Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, CJEU, ECHR, Entry Clearance, European Union, Free Movement, UKSC
Tagged 2004/38/EC, Case Law, European Union, Free Movement, Tribunals, UK Supreme Court
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Free Movement: ‘Spouse’ Includes Same Sex Spouse
Coman v Inspectoratul General pentru Imigrări (C‑673/16, ECLI:EU:C:2018:2, AG Wathelet’s Opinion) Marriage between persons of the same sex is prohibited under article 277(1), (2) and (4) of the Romanian Civil Code. Relu Adrian Coman – a Romanian – cohabited with Robert Clabourn … Continue reading
Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Families, Free Movement, Permanent Residence, Spouses
Tagged 2004/38/EC, Article 8, ECHR, European Union, Free Movement, Spouses
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Case Preview: Bashir and Others v SSHD
In her Christmas speech to British forces in Akrotiri, the prime minister celebrated the downfall of ISIS. Temporarily relieved from the turbulence of domestic and European politics, a triumphant Theresa May stressed that British military bases in Cyprus – the … Continue reading
Posted in Appeals, Article 14, Asylum, Brexit, CFR, Court of Appeal, ECHR, Human Trafficking, International Law, Italy, Judicial Review, Persecution, Politics, Refugee Convention, Settlement, UKSC
Tagged Asylum, Brexit, Case Law, Court of Appeal, ECHR, Judicial Review, Persecution, Refugee Convention, UK Supreme Court
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Zambrano Carers: ‘Benefits Tourism’ Appeal Dismissed
R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 (15 November 2017) Lady Hale found this to be a “very troubling” case but she agreed with Lord Carnwath that the appeal had to be dismissed. The … Continue reading
Posted in Article 14, CFR, Children, Citizenship and Nationality, CJEU, Court of Appeal, ECHR, European Union, Families, Judicial Review, UKSC
Tagged Case Law, Children, Court of Appeal, ECHR, European Union, Judicial Review, UK Supreme Court, Zambrano
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Case Preview: B (Algeria) v SSHD
The respondent “B” entered the UK illegally in 1993. He is probably from Algeria. But since he refuses to identify himself his real nationality is unknown. Earlier this month, the Supreme Court heard the SSHD’s appeal on the issue whether, … Continue reading
Posted in Article 3, Article 5, Bail, CFR, Court of Appeal, Deportation, Detention, Dyson JSC/MR, ECHR, Proportionality, Public Interest, SIAC, Terrorism, UKSC
Tagged Algeria, Court of Appeal, Detention, ECHR, Judicial Review, Terrorism, UK Supreme Court
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Appeal Rights and EFMs: The End of Sala
Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) Appeal rights in a hostile environment are a hotly debated topic in immigration law. Enforcement officials are notorious for denying appeal rights … Continue reading
Posted in Appeals, Article 8, CFR, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Immigration Act 2014, Judges, OFMs, Proportionality, UKSC
Tagged 2004/38/EC, Article 8, ECHR, European Union, Free Movement, Judicial Review, Spouses, Tribunals, UK Supreme Court
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United Kingdom Immigration Law Blog 