Category Archives: Immigration Act 2016

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

Supreme Court Dismisses Section 3C Appeals

R (Mirza & Ors) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016) The provisions of the Immigration Act 1971 have haunted the courts for a number of years. Earlier cases such as Alvi and … Continue reading

Posted in Biometrics, Court of Appeal, Fees, Immigration Act 2014, Immigration Act 2016, Immigration Rules, PBS, Students, Tier 1, Tier 4, UKBA 2007, UKSC | Tagged , , , , | 2 Comments

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment

Supreme Court on Detention, Deportation and Mental Illness

R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading

Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC | Tagged , , , , , , | 3 Comments