Category Archives: European Union

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

“Open for business”: Analysis of the UK’s new PBS 

An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading

Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC | Tagged , , , , , , | 1 Comment

Brexit: Appeal rights for EUSS applicants 

The EU Settlement Scheme (EUSS), under which 3.34 million applications have been made and more than 3 million applicants have been granted status, caused uproar because applicants were not given any appeal rights and only had the right to administrative … Continue reading

Posted in Appeals, European Union, EUSS, Free Movement, Immigration Rules, Tribunals | Tagged , , , | Leave a comment

Court of Appeal allows European deportation appeal in part 

Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020)  In a complex deportation appeal against a deportation order based on the deportee’s status as a permanent resident, the Court of Appeal was not … Continue reading

Posted in Citizens Directive, CJEU, Court of Appeal, Culture, European Union, Free Movement, Netherlands, Permanent Residence, Somalia, UKSC | Tagged , , , , , , , | Leave a comment

Zambrano carers: The test of compulsion is a practical test

Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019) Addressing the scope of the substance of rights test devised in Zambrano (C-34/09, EU:C:2011:124), whereby a non-member state national (or a third country national “TCN”) … Continue reading

Posted in Appendix EU, Article 8, Brexit, CFR, Citizenship and Nationality, CJEU, European Union, EUSS, Human Rights, Settlement, UKSC | Tagged , , , , , , | Leave a comment

The Immigration (Amendment) (EU Exit) Regulations 2019

The Immigration (Amendment) (EU Exit) Regulations 2019 are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), in order to address deficiencies in retained EU law arising from withdrawal … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, European Union, EUSS, Permanent Residence | Tagged , , | Leave a comment

Changes in the Immigration Rules: Key Features of HC170

Statement of changes to the Immigration Rules HC 170 amends the Immigration Rules to reflect changes required if the UK leaves the EU without a deal. The changes affect EU, other EEA and Swiss citizens, and their family members. In order … Continue reading

Posted in Appendix EU, Brexit, Crime, Deportation, European Union, EUSS, Families, Free Movement, Immigration Rules, Spouses, Turkey | Tagged , , , , | Leave a comment