Category Archives: Children

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Supreme Court: MIR is Lawful

MM (Lebanon) & Ors v SSHD and Anor [2017] UKSC 10 (22 February 2017) Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court … Continue reading

Posted in Appendix FM, Article 12, Article 14, Article 8, Children, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, MIR, Proportionality, s 55 BCIA, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

‘Sub-optimal’ Supplementary Decision Letters Are Lawful

Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is widespread in immigration judicial review. They are used in various situations in order to cure … Continue reading

Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

Suitability Criteria for Entry Clearance are ‘Rather Clumsy’

Entry Clearance Officer – United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) Entry clearance for a foreign national with significant previous criminal convictions is dealt with under paragraph S-EC.1.4. … Continue reading

Posted in Appeals, Appendix FM, Article 8, Asylum, Children, Deportation, ECHR, Entry Clearance, Immigration Rules, Proportionality, Public Interest, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment

Children’s Rights Are Not Passports Against Deportation

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016) Makhlouf entered the UK in 1997 as the spouse of settled person and was granted indefinite leave to remain in 1999. He was … Continue reading

Posted in Appendix FM, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Proportionality, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court: Iraqi Criminal’s Appeal Dismissed

Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60 (16 November 2016) The linked cases of Hesham Ali (an Iraqi) and Zouhair Ben Belacum Makhlouf (a Tunisian) concern the contentious theme of foreign criminals. Lord Neuberger, … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Iraq, Proportionality, UKSC | Tagged , , , , , , , | Leave a comment

Blues for Zambrano: CS (Morocco) and Rendón Marín

In Zambrano (C‑34/09, EU:C:2011:124) the CJEU caused a stir by insisting that national law was incapable of depriving EU citizens of the genuine enjoyment of the substance of the rights granted by Union citizenship. Thereafter, in a series of judgments, … Continue reading

Posted in Article 3, Article 8, Asylum, Automatic Deportation, CFR, Children, Citizens Directive, CJEU, Deportation, European Union, Refugee Convention | Tagged , , , , , , , | Leave a comment