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UKVI News and Updates- Guidance: Powers and operational procedure: caseworker guidance
- Visit the UK for medical treatment
- Guidance: Criminality guidance in article 8 ECHR cases: caseworker guidance
- Guidance: Prove your English language abilities with a secure English language test (SELT)
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Cases involving pending prosecution: caseworker guidance
- Guidance: Returns preparation: caseworker guidance
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Rwanda deportation law should not apply in Northern Ireland, court rules
- UK politics: government to appeal against ruling that blocks Rwanda deportations in Northern Ireland – as it happened
- Chelsea flower show hosts garden designed to help survivors of torture
- UK universities report drop in international students amid visa doubts
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
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Category Archives: Islam
New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status
R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading
Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Egypt, Islam, Judicial Review, Refugee Convention, Terrorism
Tagged Asylum, Case Law, Court of Appeal, Judicial Review, Ladd v Marshall, Refugee Convention
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Pakistan and Child Abduction: Lahore High Court holds ‘Hague Convention is not an extradition treaty’
Pakistan is notorious for child abduction. In the case of Sumayyah Moses v SHO and Others (Writ Petition No. 74048 of 2019) PLD 2020 Lahore 716, the Lahore High Court explained that the Hague Convention on the Civil Aspects of International … Continue reading
Posted in Cases, Child Abduction, Children, Citizenship and Nationality, Court of Appeal, Expert Evidence, Extradition, Families, Family Court, Foreign law, Habitual Residence, Hague Convention, Inherent Jurisdiction, Islam, Judicial Review, Lahore High Court, Nationality, Pakistan, South Africa
Tagged Case Law, Child Abduction, Children, Court of Appeal, Hague Convention, Pakistan, Spouses
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Syria returnee’s proceedings do not breach right to fair trial
QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading
Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism
Tagged Article 8, Case Law, Criminal Offences, ECHR, Judicial Review, TEO, Terrorism
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Lahore High Court ruling on forced conversion to Islam
In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading
Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals
Tagged Asylum, Blasphemy, Children, Pakistan, Pakistani Christians, Persecution, Tribunals
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High Court of Sindh on Pakistan and the Hague Convention
The case of Mst Farhat (Petitioner) v Umair Hanif Ghanchi and Others (Respondents) 2019 CLC 1311 Sindh is an early example of the High Court of Sindh grappling with the issues connected to the Hague Convention on the Civil Aspects of … Continue reading
Posted in Child Abduction, Children, Dubai, Family Court, Hague Convention, International Law, Interpol, Islam, Karachi, Pakistan, Spouses
Tagged Case Law, Children, Hague Convention, Interpol, Pakistan, Sindh High Court, Spouses
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How do Pakistani courts approach child abduction cases?
What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading
Court of Appeal on Nikah and non-qualifying ceremonies
HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020) This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading
Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC
Tagged Article 12, Article 8, Case Law, Court of Appeal, ECHR, Nikah, Spouses, UK Supreme Court
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Analysis of Country Guidance on Iranian Kurds
HB (Kurds) Iran (illegal exit: failed asylum seeker) CG [2018] UKUT 430 (IAC) (12 December 2018) Finding themselves trapped as minorities in countries such as Iran, Iraq, Syria and Turkey, the Kurds are dubbed “a people without a country” and … Continue reading
Posted in Appeals, Article 10, Article 3, Asylum, ECHR, Iraq, Islam, Persecution, Refugee Convention, Tribunals, UKSC
Tagged Asylum, Case Law, Country Guidance, ECHR, Iran, Persecution, Tribunals
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Case Preview: FA (Pakistan) v SSHD
This appeal provides the Supreme Court the opportunity to further interpret its own historic case law by ascertaining (i) whether the refusal of asylum on the expectation an individual will suppress the expression of their religious faith, where the state … Continue reading
Posted in Ahmadis, Appeals, Article 3, Asylum, Islam, Pakistan, Persecution, Refugee Convention, UKSC
Tagged Asylum, Court of Appeal, Persecution, Refugee Convention, UK Supreme Court
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‘Human Marketplace’: New Libya Country Guidance
ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) (28 June 2017) When “mad dog” Muammar Gaddafi deposed Libya’s King Idris in 1969, his hero Nasser was both shocked and amused that the jaded ideology conjuring up fake dreams of … Continue reading
Posted in Agents, Asylum, European Union, Human Trafficking, Iraq, Islam, Libya, Manchester, Persecution, Politics, Refugee Convention, Terrorism
Tagged Asylum, Case Law, European Union, Migration Crisis, Persecution, Refugee Convention, Tribunals
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Case Preview: SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent)
Three years ago in AA (Somalia) v ECO (Addis Ababa) [2013] UKSC 81, the Supreme Court considered whether a Somali child in her brother-in-law’s care under the doctrine of Kafalah – a process of legal guardianship and the Islamic equivalent … Continue reading
Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, Entry Clearance, Immigration Rules, Islam, UKSC
Tagged 2004/38/EC, Article 8, Children, European Union, Free Movement, Immigration Rules, Kafalah, UK Supreme Court
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Analysis: Immigration Act 2016
A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading
Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA
Tagged 2004/38/EC, Asylum, Children, ECHR, Economy, European Union, Free Movement, Migrant Workers, Spouses
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Lone Women and Ostracism in Pakistan
SM (Lone Women – Ostracism) Pakistan [2016] UKUT 67 (IAC) (2 February 2016) Like his clever creator, Kipling’s fictional character of the orphaned/vagabond Irish immigrant child Kimball O’Hara – the devoted chela (disciple) of a lama – lived in late … Continue reading
Posted in Article 3, Article 8, Asylum, Hale JSC, Immigration Act 2014, Islam, Pakistan, Persecution, Politics, Refugee Convention, s 55 BCIA, Tribunals, Women
Tagged Article 8, Asylum, ECHR, Pakistan, Persecution, Refugee Convention, Tribunals
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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 Asylum, ECHR, Migrant Workers, Terrorism, UK Supreme Court
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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 Asylum, Blogging, Case Law, Children, ECHR, Persecution, UK Supreme Court, Vienna Agreement
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Terror Imam: Monitoring Measures Breach ECHR
DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading
Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism
Tagged Criminal Offences, ECHR, Pakistan, Persecution, Terrorism, TPIM
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Article 8 and Terrorism: Construing Words Sensibly
YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014) Earlier in the month, the Court of Appeal (Aikens LJ, Sir Colin Rimer & Sir Stanley Burnton) unanimously allowed an appeal on article … Continue reading
Posted in Article 3, Article 8, Deportation, Immigration Act 2014, Immigration Rules, Islam, Terrorism
Tagged Case Law, Criminal Offences, Terrorism, Tribunals
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Case Preview: R (Lord Carlile & Ors) v SSHD in Supreme Court
See update here. In Khomeinism: Essays on the Islamic Republic Ervand Abrahamian argued that populism, and not fundamentalism, toppled the Shah’s regime. Having visited Iran during the reformist Khatemi era, I can say that back then Iranians did crave democracy … Continue reading
Posted in Appeals, Article 10, Iran, Islam, Politics, UKSC
Tagged ECHR, European Union, Pakistan, Terrorism, UK Supreme Court
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Persecution in Pakistan: HJ (Iran) and the Ahmadis
The barrister Mr Jinnah, together with his comrades in the struggle for Independence, wanted Pakistan to be a secular country and just a couple of days before the Partition of India he, therefore, said that: You are free; you are … Continue reading
Posted in Asylum, Islam, Manchester, Pakistan, Persecution
Tagged Ahmadis, Asylum, Investors, Tier 1 (Investor), UK Supreme Court
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Prime Minister’s “speech”
History and political science are odd subjects. I recently posted on an Arab dictator who was universally acknowledged as a hero. But now I am forced, somewhat belatedly, to write about a leader of the western world – the British … Continue reading
Posted in Belgium, Egypt, France, Gandhi, Immigration Law, Islam, Muslims, Politics, Racism, Terrorism
Tagged Egypt, Immigration, Islam, Racism, Rule of law, Terrorism
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United Kingdom Immigration Law Blog 