Category Archives: Immigration Rules

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

‘Nothing Irrational’ about Abolishing Appeal Rights in Domestic Violence Cases

R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin) (18 October 2017) These judicial review proceedings relate to appeal rights in a hostile environment, domestic violence and indefinite leave to remain … Continue reading

Posted in Appeals, Appendix FM, Article 2, Article 3, Article 8, Domestic Violence, ECHR, Forced marriage, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement | Tagged , , , , , , | Leave a comment

Article 8 and Entry Clearance: Court of Appeal Confirms the Approach in Mostafa

Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017) In this interesting case, the Court of Appeal allowed the ECO’s appeal against the Upper Tribunal’s decision that the relationship between Edna Kopoi and her relatives … Continue reading

Posted in Africa, Article 8, Brexit, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Miller, Proportionality, Tribunals, UKSC, Visitors | Tagged , , , , , , , , | 1 Comment

Article 8 and Entry Clearance: No Obligation under ECHR to Allow Aliens to Pursue a Private Life

Secretary of State for the Home Department v Abbas [2017] EWCA Civ 1393 (28 September 2017) A Pakistani national aged 33, Tahir Abbas made an application for him and his wife and two small children to come to the UK … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Lady Hale, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Drug Dealing and Deportation: No Sympathy in Strasbourg for Settled Nigerian Criminal

Ndidi v United Kingdom – 41215/14 (Article 8 – Expulsion – Nigeria) [2017] ECHR 781 (14 September 2017) Nicknamed “Bruiser” for “roughing up” his minions in the underworld of drug dealing, Ifeanyi Chukwu Ndidi, a Nigerian, entered the UK aged … Continue reading

Posted in Article 8, Automatic Deportation, Children, ECHR, Human Rights, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judges, Judicial Review, Legal Aid, Nigeria, Proportionality, Public Interest, Refugee Convention, s 55 BCIA, Settlement, Tribunals | Tagged , , , , , , , | Leave a comment

Integration is Multidimensional: ‘Generic Factors’ Count in Calculating Integrative Links in Deportation Cases

AS (Iran) v Secretary of State for the Home Department [2017] EWCA Civ 1284 (23 August 2017) AS entered the UK aged nine with his mother under the family reunion rules because his father had been granted indefinite leave to … Continue reading

Posted in ADR, Article 8, Cases, Court of Appeal, Deportation, ECHR, Employment, Human Rights Act, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment