Category Archives: Immigration Rules

Paragraph 353 is the Gateway to Human Rights Appeals

R (Waqar) v SSHD (statutory appeals/paragraph 353) (IJR) [2015] UKUT 169 (IAC) (25 March 2015) This case exposes the conflict inherent in the system of appeals. Waqar argued that paragraph 353 of the Immigration Rules had been subsumed within the … Continue reading

Posted in Appeals, Crime, Deportation, ECHR, Immigration Act 2014, Immigration Rules | Tagged , , , , | 3 Comments

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | Leave a comment

HC 1116 and ‘Abuse’ of Asylum by Syrians

Statement of Changes in Immigration Rules HC 1116 was immediately condemned as “sickening”. Undoubtedly, the formula of a well-founded fear of persecution is wide open to abuse. However, in light of all the carnage that we have witnessed over the … Continue reading

Posted in Asylum, Immigration Rules, Pakistan, Persecution, Syria, Terrorism, Visitors | Tagged , , , | 1 Comment

Court of Appeal: American Visitor’s Appeal Allowed

PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015) In this case, Elias and Fulford LJJ, Dame Janet Smith allowed Phyllis Gain’s appeal and remitted the matter to the Upper Tribunal … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, PBS, Proportionality, Tier 2, Visitors | Tagged , , , , | Leave a comment

Kaleidoscopic Changes in Immigration Rules Continue

Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading

Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors | Tagged , , , | 2 Comments

Immigration Act 2014: New Appeals Regime Rolled Out

Further implementation of the abolition of appeal rights under the Immigration Act 2014 (“the Act”) arrived earlier this month in the form of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (“the Order”). … Continue reading

Posted in Appeals, Article 8, Immigration Act 2014, Immigration Rules, PBS | Tagged , , | 20 Comments

Under Zoumbas, Tribunal Cases Can’t Contradict Nagre

Javed & Ors v Secretary of State for the Home Department [2015] EWHC 390 (Admin) (20 February 2015) This judicial review claim concerned a six member Pakistani family. Together with his wife, two sons and two daughters, Mr Javed arrived … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment