Category Archives: Kenya

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

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 , , , , , | 1 Comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

Case Comment: FW v SSHD [2011] EWCA Civ 264

Lies and false statements in immigration applications are a common problem. Many a “clever” foreigner, often meritorious enough to qualify for the coveted Post Study Work visa, has fallen foul of the deception rules. It really isn’t a great idea … Continue reading

Posted in Article 8, Court of Appeal, European Union, False Statements, Frontex, Immigration Rules, Kenya, Nigeria, Post Study Work | Tagged , , , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment

Case Comment: FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC)

Under the common law lies, silences, omissions, misleading statements and false representations all give rise to liability in criminal and civil matters. Immigration matters tend to contain a mixture of both civil and criminal elements when ascertaining a person’s worthiness … Continue reading

Posted in Article 8, Cases, East African Asians, False Statements, Immigration Rules, Kenya, Tribunals | Tagged , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises (see update here) There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to … Continue reading

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 3 Comments