Category Archives: Families

Paposhvili and precedent: SCD patient loses in Court of Appeal 

Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK?

Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of rights test, as a “high-water mark” in the CJEU’s jurisprudence. Thereafter, the court began to suffer from “citizenship exhaustion” and the “test was shelved … Continue reading

Posted in Appendix EU, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Families, Immigration Rules, Netherlands, Pakistan, Settlement, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

Seven Year Rule: Immigration History of Parents is Irrelevant

The Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019) As discussed earlier in the analysis of JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC), the … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Free Movement and Kafala: CJEU Judgment in SM (Algeria)

SM (Enfant place sous kafala algerienne) (Citizenship of the European Union – “Direct descendant” – Judgment) (C-129/18, EU:C:2019:248) The CJEU has confirmed AG Campos Sánchez-Bordona’s opinion that a child in the guardianship of an EU citizen under the kafala system … Continue reading

Posted in Adoption, Article 8, Brexit, CFR, Children, Citizens Directive, CJEU, ECHR, ECOs, Entry Clearance, European Union, Families, Free Movement, Guardianship, UKSC | Tagged , , , , , | Leave a comment

Should Shamima Begum be allowed to return home?

After running away from Bethnal Green with her school friends Amira Abase and Kadiza Sultana three years ago, Shamima Begum, the ISIS bride deprived of British citizenship, is stuck in limbo with her son who was born in the al-Hawl refugee … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Deprivation of Citizenship, ECHR, Families, Immigration Act 2014, Lady Hale, Persecution, Politics, Statelessness, UKSC | Tagged , , , , | 4 Comments