Category Archives: India

Statelessness: Ethnic Cleansing and the Rohingya

UNHCR estimates that at least 10 million people around the world are stateless. People who are denied a nationality are automatically disentitled from everyday activities most of us take for granted. The inability to access banking, education, employment and healthcare … Continue reading

Posted in Asylum, Bangladesh, Brexit, Citizenship and Nationality, Deportation, Ethnic Cleansing, Genocide, India, Karachi, Myanmar, Pakistan, Persecution, Politics, Racism, Refugee Convention, Rohingya, Statelessness, Terrorism, UKSC, United Nations, United States | Tagged , , , , , , , , , , , | 2 Comments

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

BritCits v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) “Dead woman walking” zombie Theresa May’s odium for the sick and elderly achieved infamy long before her “dementia tax” debacle. The courts have … Continue reading

Posted in ADR, Appendix FM, Article 8, Dependants, ECHR, Immigration Rules, India, Judicial Review, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment

Indo-Pak Family is Successful in ‘Pure Article 8 Claims’

CS and Others (Proof of Foreign Law) India [2017] UKUT 199 (IAC)(2 May 2017) Relations are particularly strained between India and Pakistan. Short of an actual war, things could not be worse between the historic rivals. The Indian government maintains … Continue reading

Posted in Article 8, ECHR, Immigration Act 2014, Immigration Rules, India, Pakistan | Tagged , , , , , , | Leave a comment

RLR and Irrationality: Settlement for Sikh Separatist

MS (India) v Secretary of State for the Home Department [2016] EWHC 3162 (Admin) (09 December 2016) This intriguing article 1F case concerns a Sikh separatist, or “terrorist” from India’s point of view, seeking a free Khalistān – literally “the … Continue reading

Posted in Article 2, Article 3, Article 8, Asylum, Deportation, ECHR, Immigration Act 2014, India, Politics, Proportionality, Refugee Convention, RLR, Settlement, SIAC, Terrorism | Tagged , , , , , , , , , | Leave a 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

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