Category Archives: European Union

An Alternative to Brexit: The Judgment in Wightman

Wightman and Others v Secretary of State for Exiting the European Union (C-621/18, EU:C:2018:999, 10 December 2018) Brexit is a big mess. It is “a powerful acid” and is a huge economic and bureaucratic nightmare. Going through with it in … Continue reading

Posted in Brexit, Cases, CJEU, European Union, Free Movement, Judicial Review, Scotland, UKSC | Tagged , , , , , , | 2 Comments

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Court of Appeal: Banger is Unrestricted in Scope

Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018) The Court of Appeal recently held that the derived right of facilitation identified in Banger (C-89/17, EU:C:2018:570, discussed here) cannot be read as being … Continue reading

Posted in Algeria, Appeals, Citizens Directive, CJEU, Court of Appeal, European Union, Families, Free Movement, Judicial Review, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

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

Section 67: Court of Appeal on UASC and Procedural Fairness

R (Help Refugees Ltd) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018) So that they may properly challenge adverse decision-making by way of judicial review, the Court of Appeal has held … Continue reading

Posted in Asylum, CFR, Children, Consultation(s), Court of Appeal, European Union, Immigration Act 2016, Immigration Rules, Judicial Review, Persecution, Politics, Refugee Convention, UKSC | Tagged , , , , , , , , | Leave a comment

Serious Breaches of Duties of Procedural Fairness and Candour by Home Office in Calais Children’s Cases

R (Citizens UK) v Secretary of State for the Home Department [2018] EWCA Civ 1812 (31 July 2018) These proceedings concerned Citizens UK’s appeal against Soole J’s decision that the expedited process adopted by the Home Office to assess the … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, David Bolt, ECHR, Entry Clearance, European Union, Human Rights Act, Judicial Review, Rule of law | Tagged , , , , , , , , | 1 Comment