Category Archives: Citizenship and Nationality

Case Preview: Johnson v SSHD

Throwing up blazing issues of historic injustice and denial of citizenship at birth, this jamming case is hot stuff. Earlier, the Court of Appeal overturned the judgment of Dingemans J and held that no violation of article 14 of the … Continue reading

Posted in Article 8, Automatic Deportation, Citizenship and Nationality, Court of Appeal, Historic Injustice, Illegitimacy, Jamaica, UKBA 2007, UKSC | Tagged , , , , | 1 Comment

Reference by Supreme Court to CJEU: Does Enhanced Protection Depend on Permanent Residence?

Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016) In analysing the future role of the courts in the post-Brexit legal landscape, Christina Lienen predicts a rise in EU law cases because … Continue reading

Posted in Brexit, Cases, Citizens Directive, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | 1 Comment

Article 8 and MIR: Appendix FM in Supreme Court

Despite stiff competition from other cases, these appeals have got to be the showdown of the year. Tearing through the UK’s social fabric the country’s immigration rules are a minefield and have been producing more than their fair share of … Continue reading

Posted in Appendix FM, Article 8, Asylum, Citizenship and Nationality, ECHR, Entry Clearance, Families, Human Rights Act, Immigration Rules, Judicial Review, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , , | 4 Comments

Illegitimacy and Denial of Nationality at Birth: No Retrospective Application of Human Rights Act

R (Johnson) v The Secretary of State for the Home Department [2016] EWCA Civ 22 (26 January 2016) In yet another a win for the home office, the Court of Appeal (Arden, Laws and Lindblom LJJ) found no violation of … Continue reading

Posted in Article 14, Article 2, Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Human Rights Act, Illegitimacy, Immigration Act 2014, Neuberger PSC | Tagged , , , , , | 1 Comment

Deterring ‘Potential Extremists’: The BNA and the Scope of the Naturalisation Discretion

MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin) (03 December 2015) This damaging decision for the British government was published immediately after David Cameron slanderously accused those opposed to expanding UK … Continue reading

Posted in Afghan War, Article 14, Article 3, Article 8, Citizenship and Nationality, ECHR, Human Rights Act, India, Islam, Judicial Review, Pakistan, Politics, Terrorism | Tagged , , , , | 1 Comment

Tier 1 Investor Visas ‘Not Fit For Purpose’

According to Professor David Metcalf OBE, Tier 1 (Investor) visas are “absolutely not fit for purpose” and he said the UK derives “absolutely no gain” from the operation of this golden system of immigration and citizenship for wealthy individuals. Quite … Continue reading

Posted in China, Citizenship and Nationality, Immigration Rules, Judicial Review, MAC, Pakistan, PBS, Settlement, Tier 1 | Tagged , , , | 2 Comments

Supreme Court: EU Law Fails Vietnamese Jihadist

Pham v Secretary of State for the Home Department [2015] UKSC 19 (25 March 2015) – read fully updated article on SSRN. In the case of Pham (formerly “B2”), Lord Neuberger PSC, Lady Hale DPSC and Lord Mance, Lord Wilson, Lord … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Immigration Act 2014, Politics, Proportionality, Statelessness | Tagged , , , , | 4 Comments