Category Archives: Immigration Rules

‘Unduly Harsh’ is an Ordinary English Expression

MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450 (20 April 2016) These proceedings are about two foreign criminals, a drug dealer (MM, a Ugandan) and a fraudster (KO, a Nigerian). They pour … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, Crime, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Nigeria, Uganda | Tagged , , , , , , | 1 Comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

Article 8 and MIR: Appendix FM in Supreme Court

Despite stiff competition from other cases, these appeals have got to be the showdown of the year. Tearing through the UK’s social fabric the country’s immigration rules are a minefield and have been producing more than their fair share of … Continue reading

Posted in Appendix FM, Article 8, Asylum, Citizenship and Nationality, ECHR, Entry Clearance, Families, Human Rights Act, Immigration Rules, Judicial Review, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , , | 4 Comments

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

MAC Skewers Tier 1 Entrepreneur Visas

The home secretary’s advisers – the Migration Advisory Committee (MAC) – have found that the Tier 1 (Entrepreneur) visa route under the Points-Based System (PBS) is being used by “low quality businesses”. MAC, which consists of a publicly appointed chairman … Continue reading

Posted in Appendix FM, Economy, Employment, Entrepreneurs, Immigration Rules, PBS, Tier 1 | 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

Supreme Court Allows Evidential Flexibility Appeal

On 14 October 2015, a generous Supreme Court allowed four appeals in as many judgments. In Gohil [2015] UKSC 61 and Sharland [2015] UKSC 60, among other things, “opening the floodgates” the court held that Varsha Gohil and Alison Sharland … Continue reading

Posted in Article 8, Immigration Rules, Legitimate Expectation, PBS, Students, Tier 4, UKSC | Tagged , , , , | Leave a comment