Category Archives: Immigration Law

Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

Posted in Article 8, Automatic Deportation, Cases, Human Rights Act, Immigration Law, Removals | Tagged , , , , | 9 Comments

The Immigration Bill

Make no mistake about it. Immigration is the burning issue in the UK’s political arena. In May 2013, in setting out the legislative agenda, Her Majesty had explained that the government will bring forward a bill – ensuring that the … Continue reading

Posted in Article 8, Human Rights Act, Immigration Law, Immigration Rules, UKSC | Tagged , , , , | 2 Comments

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

Breach of Procedure Rules by Visa Officer: Cvetkovs (visa – no file produced – directions) Latvia [2011] UKUT 00212 (IAC)

This case – read judgment here – establishes that a failure by an ECO (“Visa Officer”) to supply documentary evidence under rule 13 of the Asylum and Immigration Tribunal (Procedural) Rules 2005 may result in directions being issued by the … Continue reading

Posted in Blake J, Cases, ECOs, Immigration Law, Judges, Latvia, s 19 UKBA 2007, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment

Case Comment: SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC)

In this case, the issue before the UTIAC was whether time spent in custody is to be counted in the five-year period which an applicant requires to qualify as the family member of an EEA national in order to acquire … Continue reading

Posted in Cases, Detention, European Union, Immigration Law, Nigeria, Sedley LJ, Tribunals | Tagged , , , , | Leave a comment