Category Archives: Court of Appeal

Article 8 and Entry Clearance: Court of Appeal Confirms the Approach in Mostafa

Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017) In this interesting case, the Court of Appeal allowed the ECO’s appeal against the Upper Tribunal’s decesion that the relationship between Edna Kopoi and her relatives … Continue reading

Posted in Africa, Article 8, Brexit, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Miller, Proportionality, Tribunals, UKSC, Visitors | Tagged , , , , , , , , | Leave a comment

Article 8 and Entry Clearance: No Obligation under ECHR to Allow Aliens to Pursue a Private Life

Secretary of State for the Home Department v Abbas [2017] EWCA Civ 1393 (28 September 2017) A Pakistani national aged 33, Tahir Abbas made an application for him and his wife and two small children to come to the UK … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Lady Hale, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Integration is Multidimensional: ‘Generic Factors’ Count in Calculating Integrative Links in Deportation Cases

AS (Iran) v Secretary of State for the Home Department [2017] EWCA Civ 1284 (23 August 2017) AS entered the UK aged nine with his mother under the family reunion rules because his father had been granted indefinite leave to … Continue reading

Posted in ADR, Article 8, Cases, Court of Appeal, Deportation, ECHR, Employment, Human Rights Act, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Off the Hook: New Guidance on HOPOs and WCOs

Awuah & Ors (Wasted Costs Orders – HOPOs – Tribunal Powers: Ghana) [2017] UKFTT 555 (IAC) (13 July 2017) Everyone knows that the tribunal judiciary is generally quick to side with sedentary HOPOs who serve no purpose other than reciting … Continue reading

Posted in Agents, Cases, Costs, Court of Appeal, HOPOs, Misconduct, Tribunals, WCOs | Tagged , , , , , , , | 3 Comments

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

Jihad and the Cancellation of British Passports

R (XH and AI) v SSHD [2017] EWCA Civ 41 (02 February 2017) Fighting in foreign wars is a rising trend among British Muslims. Now that more than 400 British jihadis have returned home they will inevitably indoctrinate impressionable youth … Continue reading

Posted in Article 6, CFR, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Judicial Review, Miller, Politics, Proportionality, Syria, Terrorism | Tagged , , , , , , , | Leave a comment

Lex Loci Celebrationis and Proxy Marriage in English Law

Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 (23 March 2017) Marriage by proxy is quite an important legal institution. As seen before, in the present case the home office agreed with Awuku that the … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Judges, Spouses | Tagged , , , , , , | Leave a comment