Category Archives: Enforcement

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

False imprisonment: Supreme Court overrules Draga

DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020)  In this important judgment, the Supreme Court overturned the Court of Appeal’s decision in Draga [2012] EWCA Civ 842 … Continue reading

Posted in Access to Justice, Africa, Appeals, Article 5, Asylum, Deportation, Detention, ECHR, Enforcement, Judicial Review, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Critical Perspectives on the EU Settlement Scheme

In London you constantly hear a foreign language in the background and foreign workers are in action everywhere. Most of all European people do jobs local people have little appetite for. Boris Johnson promised and guaranteed EU citizens “absolute certainty … Continue reading

Posted in Access to Justice, Appendix EU, Brexit, Citizens Directive, CJEU, Enforcement, European Union, EUSS, Free Movement, Hostile Environment, Immigration Rules, Karachi, Netherlands, Permanent Residence, Politics, Settlement, Somalia | Tagged , , , , , , | 1 Comment

‘Standoff’ in enforcement: Once given, an oral decision stands

PAA (First-tier Tribunal: Oral decision – written reasons) [2019] UKUT 13 (IAC) (10 January 2019) Arguably, nothing is more exhilarating in tribunal proceedings than a judge allowing your client’s appeal in an oral decision by uttering “I will allow this appeal”. But … Continue reading

Posted in Appeals, Asylum, Children, Enforcement, Inherent Jurisdiction, Iraq, Judicial Review, Legitimate Expectation, Tribunals | Tagged , , , | Leave a comment

The Home Office Must Prove Abuse Of EU Law Rights

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017) During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants … Continue reading

Posted in Article 12, Article 8, Brexit, Citizens Directive, ECHR, Enforcement, European Union, Permanent Residence, Proportionality, Spouses, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Case Preview: Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland)

Vociferous debate is raging over EU law rights because of Brexit and, of course, immigration is a hotspot in that regard. Standing firm, European leaders remain committed to their common mission to expand rights and refuse to reduce them. But … Continue reading

Posted in Article 6, CFR, Citizens Directive, ECHR, Enforcement, European Union, False Statements, Immigration Act 2014, Neuberger PSC, UKSC | Tagged , , , , , , | 2 Comments

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment

New Punishments: Immigration Bill 2015

The onslaught continues. The Immigration Act 2014 promised to root out the ills of the system but now fresh legislation has been proposed to cure things even further and the home office recently announced a welter of new (improved) anti-immigrant … Continue reading

Posted in Access to Justice, Appeals, Article 8, Bank Accounts, ECHR, Economy, Employment, Enforcement, European Union, Human Rights Act, Immigration Act 2014, Immigration Bill 2015, Judicial Review, Politics, Tribunals | Tagged , , , , , , | 1 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

UK Removal System Complies With ECHR

R (FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014) Jimmy Mubenga’s tragic death – caused by asphyxia because he was being manhandled by detention custody officers on an aircraft prior to its … Continue reading

Posted in Article 2, Article 3, Deportation, ECHR, Enforcement, Removals | Tagged , , , , | Leave a comment

Home Detention Order Must Guarantee Earliest Possible Return

Md Sagor [2012] EUECJ C-430/11 (06 December 2012) When questioned by the Italian police in 2009 in Rosolina Mare, Md Sagor (“S”) a street vendor without a fixed abode, explained that he was born in Bangladesh on 10 October 1990 and … Continue reading

Posted in Bangladesh, CJEU, Enforcement, Italy | Tagged , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment

Latest immigration statistics

Overview The latest statistical bulletin produced by the Office for National Statistics (ONS) on immigration is a very telling document. In its latest publication the ONS has observed that: In the year to September 2010 the overall number of entry … Continue reading

Posted in Asylum, Employment, Enforcement, ONS, PBS, Removals | 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

Revised detention guidance

The UKBA has updated Chapter 31 (Detention and detention policy in port cases) of its Immigration Directorates’ Instructions (IDIs). The Agency has also revised Chapter 55 (Detention and temporary release) of its Enforcement Manual. Everyone can only hope that the UKBA can adhere … Continue reading

Posted in Article 5, Article 8, Enforcement, Immigration Law, UKBA | Tagged , , , | Leave a comment

UKBA raids restaurants

Just as I just predicted yesterday restaurants are going to be tackled quite aggressively by the UKBA post the agency’s revised summary guidance announcement (and of course there’s the infamous immigration cap). Loads more arrests will follow no doubt. But these are … Continue reading

Posted in Business, Enforcement, Immigration Cap, Immigration Law, Working | Tagged , , | Leave a comment