Category Archives: Deportation

Standard of Proof for Statelessness is Balance of Probabilities

AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading

Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC | Tagged , , , , , , , , | 1 Comment

Deprivation of Citizenship: Unnecessary to Conduct a Proleptic Analysis of Deportation

Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) Abdul Aziz, Abdul Rauf and Adil Khan – the appellants – were convicted in 2012 of the grooming, sexual exploitation and trafficking … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Crime, Deportation, Deprivation of Citizenship, ECHR, Pakistan | Tagged , , , , , | Leave a comment

CJEU Cases and Changes to the EEA Regulations 2016

The Immigration (European Economic Area)(Amendment) Regulations 2018 amend the Immigration (European Economic Area) Regulations 2016 in order to implement the effects of a string of judgments given by the CJEU. The new regulations come into force on 24 July 2018. … Continue reading

Posted in Appendix EU, Article 8, Brexit, Children, Citizens Directive, CJEU, Deportation, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , | 1 Comment

Citizens’ Directive: Permanent Residence is a Prerequisite of Eligibility for Enhanced Protection

B and Vomero, Joined Cases C‑316/16 and C‑424/16, ECLI:EU:C:2018:256 As discussed in an earlier post, B and Vomero provided the CJEU with a fresh opportunity to rectify earlier mistakes – chances that were allegedly “squandered” in the cases of Rendón Marín (C‑165/14, … Continue reading

Posted in CFR, Citizens Directive, Citizenship and Nationality, CJEU, Deportation, European Union, Free Movement, Immigration Act 2014, Immigration Act 2016, Permanent Residence, UKSC | Tagged , , , | Leave a comment

Court of Appeal: No Absolutism in Zambrano Principle

The Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 (02 February 2018) The government’s appeal in this case was stayed, prior to which the UT had allowed Robinson’s appeal against a FTT decision, pending … Continue reading

Posted in Appeals, Children, Citizens Directive, CJEU, Court of Appeal, Deportation, European Union, Free Movement, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 2 Comments

Case Preview: B (Algeria) v SSHD

The respondent “B” entered the UK illegally in 1993. He is probably from Algeria. But since he refuses to identify himself his real nationality is unknown. Earlier this month, the Supreme Court heard the SSHD’s appeal on the issue whether, … Continue reading

Posted in Article 3, Article 5, Bail, CFR, Court of Appeal, Deportation, Detention, Dyson JSC/MR, ECHR, Proportionality, Public Interest, SIAC, Terrorism, UKSC | Tagged , , , , , , | 2 Comments

Deceptive Criminal from Sierra Leone Triumphs on Citizens’ Directive in Court of Appeal

R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752 (03 November 2017) These judicial review proceedings relate to the refusal of a residence card and the right approach to the validity of deportation … Continue reading

Posted in Appeals, Article 8, Asylum, Citizens Directive, Deception, Deportation, Detention, Entry Clearance, European Union, False Statements and Misrepresentations, Judicial Review, OFMs, UKSC | Tagged , , , , , , , , , , | Leave a comment