Category Archives: Human Rights Act

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

Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading

Posted in Article 14, Article 8, Children, Citizenship and Nationality, ECHR, Hostile Environment, Human Rights Act, Judicial Review, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Article 8 After Agyarko: The Correct Approach

TZ (Pakistan) and PG (India) v Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) These appeals were heard after the Supreme Court’s decision in R (Agyarko) [2017] UKSC 11 (see here) which made it … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, India, Pakistan, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | 4 Comments

High Court on British Citizenship and Fact Finding

R (Din) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018) These judicial review proceedings arose out of a trio of refusals – dated 14 July 2016, 16 December 2016 and 22 September 2017 … Continue reading

Posted in Article 6, Cases, Citizenship and Nationality, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, High Court, Human Rights Act, India, Judicial Review, Nationality, Pakistan, Visitors, Women | Tagged , , , , , | Leave a comment

Gender Discrimination and Historic Injustice: Law Corrected on British Citizenship through Matrilineal Descent

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018) Women have overwhelmingly borne the brunt of injustice throughout history and discrimination against females has been axiomatic in the sphere of citizenship. The British Nationality Act … Continue reading

Posted in Article 14, Article 8, Citizenship and Nationality, ECHR, Historic Injustice, Human Rights Act, Immigration Act 2014, Judicial Review, Nationality, South Africa, UKSC, Women | Tagged , , , , | 3 Comments

ILR and the Importance of Medical Evidence

R (Gayle) v Secretary of State for the Home Department [2017] EWHC 3385 (Admin) (21 December 2017) This is a case with a “tragic personal history”. Gayle and her son Gary entered the UK on a six-month visitor visa in … Continue reading

Posted in Article 8, ECHR, Human Rights Act, Immigration Rules, Judges, Judicial Review | Tagged , , , | Leave a comment

Article 8 and Entry Clearance: The Final Nail in the Coffin

Secretary of State for the Home Department v Onuorah [2017] EWCA Civ 1757 (03 November 2017) Notably, the Court of Appeal has confirmed the correctness of its decision in the recent case of Kopoi [2017] EWCA Civ 1511 (see here). … Continue reading

Posted in Appeals, Article 2, Article 8, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Rules, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment