Category Archives: Families

Jamaican father of six British children loses in Court of Appeal 

The Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 (11 July 2019) This is another tale of a father with six British children who lost his case in the Court of Appeal. Floyd, Hickinbottom … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Rules, Jamaica, Public Interest, UKBA 2007 | Tagged , , , , , , , | Leave a comment

Pakistani father of six British children loses deportation appeal 

MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252 (18 July 2019) In this case with striking facts, the Court of Appeal upheld decisions made by the First-tier Tribunal and Upper Tribunal in relation to … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Pakistan, Public Interest | Leave a comment

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