Category Archives: India

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

Loss of Habitual Residence: Legal Limbo and the Modern Law

In Re B (A Child) [2016] UKSC 4 (3 February 2016) Perhaps facts never get more interesting than they are in this case. Then again, neither do laws. Under section 377 of the Pakistan Penal Code (Act XLV of 1860), … Continue reading

Posted in Adoption, Article 6, Article 8, Children, CJEU, ECHR, Families, Hague Convention, India, Nationality, Pakistan, UKSC, USSC | Tagged , , , , , , , | Leave a comment

Deterring ‘Potential Extremists’: The BNA and the Scope of the Naturalisation Discretion

MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin) (03 December 2015) This damaging decision for the British government was published immediately after David Cameron slanderously accused those opposed to expanding UK … Continue reading

Posted in Afghan War, Article 14, Article 3, Article 8, Citizenship and Nationality, ECHR, Human Rights Act, India, Islam, Judicial Review, Pakistan, Politics, Terrorism | Tagged , , , , | 1 Comment

Asylum, Blogging and Iran

“The image conjured up by the name Persia is one of romance – roses and nightingales in elegant gardens, fast horses, flirtatious women, sharp sabres, jewel-coloured carpets, melodious music,” explains Michael Axworthy in Empire of the Mind. “But in the … Continue reading

Posted in Appendix FM, Asylum, Blogging, Business, European Union, India, Iran, Islam, Israel, Pakistan, Politics, Refugee Convention, Terrorism, Tribunals, United States, Women | Tagged , , , , , , , | Leave a comment

‘Evidential Flexibility’ in Supreme Court

Imagine that you made a mistake in your immigration application but were later able to fix the problem because of the “evidential flexibility” policy. This issue has vexed both litigants and the courts for quite some time now. On appeal … Continue reading

Posted in Court of Appeal, Immigration Rules, India, PBS, s 19 UKBA 2007, Students, Tier 4, Tribunals | Tagged , , , | 4 Comments

Only the Civil Standard Applies in Demonstrating Citizenship

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014) This is a noteworthy case, with roots in Pakistan, about the standard of proof to be applied by Her Majesty’s Passport Office (HMPO) with … Continue reading

Posted in Bangladesh, Citizenship and Nationality, India, Judicial Review, Pakistan | Tagged , , | Leave a comment

Experts and Temporary Leave to Remove from Jurisdiction

AB (A Child: Temporary Leave To Remove From Jurisdiction: Expert Evidence) [2014] EWFC 2758 is an important case where an arranged marriage broke down and during the course of private law proceedings the mother wanted to take her six year … Continue reading

Posted in Article 8, Children, India, Spouses | Tagged , , , | Leave a comment