Category Archives: East African Asians

‘Historic Injustice’: Adult Child’s Appeal Allowed

AP (India) v The Secretary of State for the Home Department [2015] EWCA Civ 89 (13 February 2015) The Court of Appeal recently revisited the theme of “historic injustice” and Elias, McCombe and King LJJ unanimously held in this case … Continue reading

Posted in Article 8, Citizenship and Nationality, East African Asians, ECHR, Gurkhas, Historic Injustice | Tagged , , , , | 1 Comment

Historic Injustice and Proportionality

Ghising (family life – adults – Gurkha policy) Nepal [2012] UKUT 160 (IAC) In this case the Upper tribunal said that “the ambit of Article 8 is not circumscribed” and in reducing the importance normally attached to immigration control the … Continue reading

Posted in Article 8, Court of Appeal, East African Asians, Gurkhas, Immigration Rules, Proportionality, Settlement | Tagged , , , , | Leave a comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

The Subject Access Request

Apologies for not having written for the past two weeks. There has been a lot of action in my native country of Pakistan and most of it has been bad of course. I’m trying to arrange another blog in relation … Continue reading

Posted in East African Asians, Enforcement, Gandhi, Immigration Law, Removals, SAR, Tribunals, UKBA | Tagged , , , , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment

Case Comment: FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC)

Under the common law lies, silences, omissions, misleading statements and false representations all give rise to liability in criminal and civil matters. Immigration matters tend to contain a mixture of both civil and criminal elements when ascertaining a person’s worthiness … Continue reading

Posted in Article 8, Cases, East African Asians, False Statements, Immigration Rules, Kenya, Tribunals | Tagged , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises (see update here) There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to … Continue reading

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 3 Comments