Category Archives: CJEU

Advocate General Szpunar on Rendón Marín and CS

Strangely enough David Cameron and Theresa May are supporting the UK’s membership of the EU despite their condemnation of the CJEU for usurping the rightful place of Parliament. Masquerading as the “good guys”, they appear less opposed to EU law’s … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, Citizens Directive, CJEU, Deportation, ECHR, Muslims, Pakistan, Politics, Proportionality, Public Interest, Settlement, Terrorism, UKBA 2007, UKSC | Tagged , , , , , , , , , | Leave a comment

Loss of Habitual Residence: Legal Limbo and the Modern Law

In Re B (A Child) [2016] UKSC 4 (3 February 2016) Perhaps facts never get more interesting than they are in this case. Then again, neither do laws. Under section 377 of the Pakistan Penal Code (Act XLV of 1860), … Continue reading

Posted in Adoption, Article 6, Article 8, Children, CJEU, ECHR, Families, Hague Convention, India, Nationality, Pakistan, UKSC, USSC | Tagged , , , , , , , | Leave a comment

EU Spouse ‘Retains’ Higher Ground

Singh and Others (Judgment) [2015] EUECJ C-218/14 (16 July 2015) One would think that yet another case called “Singh” – that too in the Court of Justice of the European Union (CJEU) – would probably be met with open arms … Continue reading

Posted in Citizens Directive, CJEU, Karachi, Permanent Residence | Tagged , , , , | Leave a comment

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

Supreme Court: ‘Ravichandran is Sound’

MA and AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40 (24 June 2015) “Aur Sardar Khan tum ko asylum mil giya kya (did you get your asylum Sardar Khan)?” I ask the young Peshawari Afghan … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, Court of Appeal, European Union, Immigration Act 2014, Judicial Review, Terrorism | Tagged , , , , , , | 1 Comment

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | 1 Comment

e-Borders Arbitration Set Aside for ‘Serious Irregularity’

These judgments given by Akenhead J relate to the e-Borders controversy. The e-Borders passenger information system was marketed as a one-stop solution to the UK’s immigration and security problems. Under e-Borders the Home Office sought to create an electronic system to … Continue reading

Posted in Arrivals, Citizens Directive, CJEU, Court of Appeal, Politics, Terrorism | Tagged , , , , , | 3 Comments