Category Archives: Court of Appeal

‘Unduly Harsh’ is an Ordinary English Expression

MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450 (20 April 2016) These proceedings are about two foreign criminals, a drug dealer (MM, a Ugandan) and a fraudster (KO, a Nigerian). They pour … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, Crime, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Nigeria, Uganda | Tagged , , , , , , | 1 Comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

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

Theresa May’s New Crusade

Life should be a fairy tale if you are Theresa May but things are not going according to plan in her Alice in Wonderland world. Although economic and social realities negate everything she claimed in her recent speech at her … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, ECHR, Immigration Bill 2015, Immigration Rules, Judges, Judicial Review, UKSC, Women | Tagged , , , , | 6 Comments

Former Rogue UBS Trader Kweku Adoboli Loses Deportation Appeal

In comparison to Tom Hayes (who got 14 years’ imprisonment and is appealing his sentence and conviction) and others being prosecuted for benchmark rigging, it is arguably quite scandalous that UBS rogue trader Kweku Adoboli (who was convicted of two … Continue reading

Posted in Article 8, Automatic Deportation, Business, Court of Appeal, Immigration Rules, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Immigration Act 2014: Bank Accounts

Although the Immigration Bill 2015-16 has arrived, the details of the Immigration Act 2014 are still being digested. Apart from rogue employers and landlords, provisions enacted under the 2014 Act also created a system that deals with immigration offenders in … Continue reading

Posted in Bank Accounts, Court of Appeal, Economy, Enforcement, FSMA, Immigration Act 2014, Immigration Bill 2015, Immigration Rules, Judges, Lady Hale | Tagged , , , , , , | 2 Comments

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