Category Archives: Human Rights Act

Illegitimacy and Denial of Nationality at Birth: No Retrospective Application of Human Rights Act

R (Johnson) v The Secretary of State for the Home Department [2016] EWCA Civ 22 (26 January 2016) In yet another a win for the home office, the Court of Appeal (Arden, Laws and Lindblom LJJ) found no violation of … Continue reading

Posted in Article 14, Article 2, Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Human Rights Act, Illegitimacy, Immigration Act 2014, Neuberger PSC | Tagged , , , , , | 1 Comment

Case Preview: Belhaj v Straw

Belhaj and another (Respondents) v Straw and others (Appellants) UKSC 2014/0264 concerns allegations by a former opponent of Colonel Gaddafi and his wife that they were abducted and unlawfully taken to Libya in February 2004 and were both allegedly detained … Continue reading

Posted in Al-Sweady, Article 6, Cases, Detention, Disclosure, ECHR, Human Rights Act, Libya, Public Interest | Tagged , , , , , | Leave a comment

Case Preview: Rahmatullah v MoD and FCO

Nabbed by British forces in Iraq – where he was seeking work – in 2004 only to be handed over to the Americans and rendered to Bagram Airbase, Yunus Rahmatullah, a Pakistani national who grew up in the Gulf, was … Continue reading

Posted in Article 6, ECHR, FCO, Human Rights Act, Iraq, Muslims, Pakistan, Politics, Terrorism, UKSC | Tagged , , , , , , | 1 Comment

Supreme Court: Pre-entry English Tests Are Lawful

R (Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 (18 November 2015) Language, the most common human currency and form of expression, has become central to the great cultural tug-of-war unfolding in British society … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, English Tests, Entry Clearance, Human Rights Act, Immigration Rules, Judicial Review, Lady Hale, Proportionality, UKSC | Tagged , , , , , | 2 Comments

Deterring ‘Potential Extremists’: The BNA and the Scope of the Naturalisation Discretion

MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin) (03 December 2015) This damaging decision for the British government was published immediately after David Cameron slanderously accused those opposed to expanding UK … Continue reading

Posted in Afghan War, Article 14, Article 3, Article 8, Citizenship and Nationality, ECHR, Human Rights Act, India, Islam, Judicial Review, Pakistan, Politics, Terrorism | 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

New Punishments: Immigration Bill 2015

The onslaught continues. The Immigration Act 2014 promised to root out the ills of the system but now fresh legislation has been proposed to cure things even further and the home office recently announced a welter of new (improved) anti-immigrant … Continue reading

Posted in Access to Justice, Appeals, Article 8, Bank Accounts, ECHR, Economy, Employment, Enforcement, European Union, Human Rights Act, Immigration Act 2014, Immigration Bill 2015, Judicial Review, Politics, Tribunals | Tagged , , , , , , | 1 Comment