Category Archives: ECHR

Article 8 and ADRs: The End of the Line?

Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018) Singh LJ has recently taken yet another scalp. On this occasion his Lordship’s sword fell on the head of a helpless and elderly woman, a South African national … Continue reading

Posted in ADR, Appendix FM, Appendix V, Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC, Visitors, Women | Tagged , , , , , , | 1 Comment

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment

Seven Year Rule: ‘Powerful Reasons’ Approach Confirmed

MT & ET (Child’s Best Interests: Ex Tempore Pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) The president Peter Lane J has reconfirmed Elias LJ’s doctrine in MA (Pakistan) & Ors [2016] EWCA Civ 705 (see here) that “powerful reasons” are … Continue reading

Posted in Article 3, Article 8, Asylum, Children, ECHR, Judges, Nigeria, Proportionality, Students, Tribunals, UKSC, Women | Tagged , , , , , , , | 1 Comment

Supreme Court: Reference to CJEU on Kefalah Children

SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 (14 February 2018) This appeal concerning legal guardianship under the Islamic “kefalah” system provided the Supreme Court the opportunity to refer three questions to the CJEU. The justices … Continue reading

Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, CJEU, ECHR, Entry Clearance, European Union, Free Movement, UKSC | Tagged , , , , , | 1 Comment

Lawful Detention is a Precondition for Granting Bail

B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 (8 February 2018) The case of “B” enabled the Supreme Court to put to rest the theory that continuous lawful detention is not a condition precedent for exercising … Continue reading

Posted in Article 3, Article 5, Bail, ECHR, Immigration Act 2016, Judicial Review, Terrorism, UKSC | Tagged , , , , | 1 Comment

Gender Discrimination and Historic Injustice: Law Corrected on British Citizenship through Matrilineal Descent

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018) Women have overwhelmingly borne the brunt of injustice throughout history and discrimination against females has been axiomatic in the sphere of citizenship. The British Nationality Act … Continue reading

Posted in Article 14, Article 8, Citizenship and Nationality, ECHR, Historic Injustice, Human Rights Act, Immigration Act 2014, Judicial Review, Nationality, South Africa, UKSC, Women | Tagged , , , , | 2 Comments

Free Movement: ‘Spouse’ Includes Same Sex Spouse

Coman v Inspectoratul General pentru Imigrări (C‑673/16, ECLI:EU:C:2018:2, AG Wathelet’s Opinion) Marriage between persons of the same sex is prohibited under article 277(1), (2) and (4) of the Romanian Civil Code. Relu Adrian Coman – a Romanian – cohabited with Robert Clabourn … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Families, Free Movement, Permanent Residence, Spouses | Tagged , , , , , | Leave a comment