Category Archives: CJEU

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

AA (Afghanistan): What is the Scope of the Tracing Duty?

The Supreme Court looks set to hear a trio of Afghan asylum cases next week. The fact that AA (Afghanistan) (Appellant) UKSC 2014/0081 and TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 involve children does not detract from the truly … Continue reading

Posted in Afghan War, Asylum, Children, CJEU, Judicial Review, s 55 BCIA | Tagged , , , | Leave a comment

President Gives Home Office Some Stick

MR (permission to appeal: Tribunal’s approach) Brazil [2015] UKUT 29 (IAC) (19 January 2015) In this case, MR, the respondent, a thirty three year old Brazilian mother, applied for a derivative residence card pursuant to the Immigration (European Economic Area) … Continue reading

Posted in Appendix FM, Asylum, Cases, Citizens Directive, CJEU, Tribunals | Tagged , | Leave a comment

Asylum and Sexual Orientation: Lost Opportunities in the CJEU

Joined Cases C-148/13 to C-150/13, A, B, C v Staatssecretaris van Veiligheid en Justitie, UNHCR intervening, EU:C:2014:2406 (02 December 2014) As Lord Hope DPSC (as he then was) explained some years ago, the High Contracting Parties to the to the Convention … Continue reading

Posted in Asylum, CFR, CJEU, European Union, Netherlands | Tagged , , , , | 1 Comment

UK Loses Key Case on Abuse of Rights

McCarthy and Others (Judgment) [2014] EUECJ C-202/13 (18 December 2014) Consumed by the politics of immigration, the British have become massively uptight about entry into their country. This case – involving a dual British and Irish national living in Spain … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, European Union, Judicial Review, Pakistan, Politics | Tagged , , | 1 Comment

Case Note: Tarakhel v Switzerland

TARAKHEL v. SWITZERLAND – 29217/12 – Grand Chamber Judgment [2014] ECHR 1185 (04 November 2014) Abjectly neglected but strategically vital, war-torn Afghanistan’s festering wounds are unlikely to heal anytime soon. When my friend John and I recently met the Afghan … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, CJEU, Council of Europe, Pakistan | Tagged , , , , , , | Leave a comment

Upper Tribunal Clarifies Case C-400/12 MG

MG (prison-Article 28(3)(a) of Citizens Directive) Portugal [2014] UKUT 392 (IAC) This famous case – referred to the Court of Justice of the European Union (CJEU) by the Upper Tribunal (UT) at [2012] UKUT 268 (IAC) – about the citizens’ … Continue reading

Posted in Children, Citizens Directive, CJEU, Deportation, Employment, Tribunals | Tagged , , | Leave a comment