Category Archives: Children

‘Standoff’ in enforcement: Once given, an oral decision stands

PAA (First-tier Tribunal: Oral decision – written reasons) [2019] UKUT 13 (IAC) (10 January 2019) Arguably, nothing is more exhilarating in the tribunal than a judge allowing your client’s appeal in an oral decision by uttering “I will allow this appeal”. But … Continue reading

Posted in Appeals, Asylum, Children, Enforcement, Inherent Jurisdiction, Iraq, Judicial Review, Legitimate Expectation, Tribunals | Tagged , , , | Leave a comment

Should Shamima Begum be allowed to return home?

After running away from Bethnal Green with her school friends Amira Abase and Kadiza Sultana three years ago, Shamima Begum, the ISIS bride deprived of British citizenship, is stuck in limbo with her son who was born in the al-Hawl refugee … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Deprivation of Citizenship, ECHR, Families, Immigration Act 2014, Lady Hale, Persecution, Politics, Statelessness, UKSC | Tagged , , , , | 1 Comment

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 , , , , , , , , | 1 Comment

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

Deprivation of Citizenship: Unnecessary to Conduct a Proleptic Analysis of Deportation

Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) Abdul Aziz, Abdul Rauf and Adil Khan – the appellants – were convicted in 2012 of the grooming, sexual exploitation and trafficking … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Crime, Deportation, Deprivation of Citizenship, ECHR, Pakistan | Tagged , , , , , | Leave a comment

Serious Breaches of Duties of Procedural Fairness and Candour by Home Office in Calais Children’s Cases

R (Citizens UK) v Secretary of State for the Home Department [2018] EWCA Civ 1812 (31 July 2018) These proceedings concerned Citizens UK’s appeal against Soole J’s decision that the expedited process adopted by the Home Office to assess the … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, David Bolt, ECHR, Entry Clearance, European Union, Human Rights Act, Judicial Review, Rule of law | Tagged , , , , , , , , | 1 Comment

Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading

Posted in Article 14, Article 8, Children, Citizenship and Nationality, ECHR, Hostile Environment, Human Rights Act, Judicial Review, Spouses, UKSC | Tagged , , , , , , , | Leave a comment