Category Archives: Children

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment

Inherent Jurisdiction: Article 8 and Adoption

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017) Nigerians are automatically associated with corruption and deception. The magnitude of the problem is such that even honest citizens of Nigeria – who … Continue reading

Posted in Adoption, Article 8, Children, Dependants, ECHR, Entry Clearance, Families, Immigration Rules, Inherent Jurisdiction, PBS | Tagged , , , , , | Leave a comment

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

The Principles of Staying Proceedings in IJR

R (AO & AM) v SSHD (Stay of Proceedings – Principles) [2017] UKUT 168 (IAC) (28 March 2017) You might be forgiven for thinking that only unethical people operating in the courts of Asia or Africa, where corruption reigns supreme, demand … Continue reading

Posted in Access to Justice, Article 8, Asylum, CFR, Children, ECHR, Eritrea, Families, Judicial Review, Stays, UNCRC | Tagged , , , , , , , | Leave a comment

Case Preview: SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent)

Three years ago in AA (Somalia) v ECO (Addis Ababa) [2013] UKSC 81, the Supreme Court considered whether a Somali child in her brother-in-law’s care under the doctrine of Kafalah – a process of legal guardianship and the Islamic equivalent … Continue reading

Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, Entry Clearance, Immigration Rules, Islam, UKSC | Tagged , , , , , , , | 1 Comment

‘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