Category Archives: European Union

Brexit and the Rule of Law

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016) Gina Miller says she brought these proceedings to preserve the rule of law. The businesswoman explains that when she … Continue reading

Posted in Brexit, Business, Citizens Directive, CJEU, Economy, European Union, Hale JSC, High Court, Homophobia, Judges, Miller, Neuberger PSC, Pakistan, UKSC | Tagged , , , , , , | Leave a comment

Blues for Zambrano: CS (Morocco) and Rendón Marín

In Zambrano (C‑34/09, EU:C:2011:124) the CJEU caused a stir by insisting that national law was incapable of depriving EU citizens of the genuine enjoyment of the substance of the rights granted by Union citizenship. Thereafter, in a series of judgments, … Continue reading

Posted in Article 3, Article 8, Asylum, Automatic Deportation, CFR, Children, Citizens Directive, CJEU, Deportation, European Union, Refugee Convention | Tagged , , , , , , , | Leave a comment

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

Qualification Directive and Previous Torture: What is the Scope of Coverage for Mental Illness?

MP (Sri Lanka) v Secretary of State for the Home Department [2016] UKSC 32 (22 June 2016) Nowadays, the island nation of Sri Lanka is a popular tourist destination. People from all over South Asia, and elsewhere, flock to marvel … Continue reading

Posted in Article 3, Asylum, CJEU, ECHR, European Union, Sri Lanka, Terrorism, UKSC | Tagged , , , , | Leave a comment

Supreme Court on Detention, Deportation and Mental Illness

R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading

Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC | Tagged , , , , , , | 3 Comments

Supreme Court: EU Law Fails ‘Nuisance’ Algerian Criminal

R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 (20 April 2016) Algeria and immigration bring to mind the image of radical Islam. For example, in a decade long deportation battle involving six Algerian men which … Continue reading

Posted in Algeria, Article 3, Article 5, CFR, Citizens Directive, CJEU, Deportation, Detention, ECHR, European Union, Immigration Act 2014, Judicial Review, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

Former IRA Man Loses Supreme Court Appeal

R v McGeough (Appellant) (Northern Ireland) [2015] UKSC 62 (21 October 2015) In this appeal from a judgment of the Court of Appeal in Northern Ireland – given by Morgan LCJ, Higgins and Girvan LJJ, [2013] NICA 22 (7 May … Continue reading

Posted in Asylum, British Bill of Rights, Disclosure, ECHR, European Union, Human Rights Act, Immigration Rules, Refugee Convention, UKSC | Tagged , , , , , , , , | 1 Comment