Category Archives: Children

Court of Appeal reopens appeal to avoid real injustice

Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 (22 August 2019) Hickinbottom LJ recently granted an application pursuant to rule 52.30 of the Civil Procedure Rules and allowed an Indian national’s appeal. His Lordship … Continue reading

Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Public Interest, Tier 4, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

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

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Rules, Jamaica, Public Interest, UKBA 2007 | Tagged , , , , , , , | Leave a comment

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

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Pakistan, Public Interest | Leave a comment

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

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 , , , , , , , , , | 1 Comment