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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: Nigeria
Court of Appeal: UT should normally re-make decision instead of remitting case to FTT
AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022) In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Fairness, Nigeria, Public Interest, Tribunals, UKBA 2007, UKSC
Tagged Appeals, Article 8, Court of Appeal, ECHR, Fairness, Re-making, Remitting, Tribunals, UK Supreme Court
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KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading
Fees Regulations not ultra vires the Immigration Act 2014
O (a minor), R (on the application of) v Secretary of State for the Home Department [2022] UKSC 3 (02 February 2022) Dismissing this appeal, Lord Hodge, Lord Briggs, Lady Arden, Lord Stephens and Lady Rose held that the Immigration and … Continue reading
Posted in Appeals, Children, ECHR, Immigration Act 2014, Judicial Review, Nigeria, s 55 BCIA, UKSC
Tagged British Citizenship, Court of Appeal, Human Rights Act 1998, UK Supreme Court
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Proof, expert evidence and credibility in trafficking cases
MN v Secretary of State for the Home Department [2020] EWCA Civ 1746 (21 December 2020) The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is … Continue reading
Posted in Article 4, Council of Europe, Court of Appeal, ECAT, ECHR, European Union, Expert Evidence, Female Genital Mutilation, Forced marriage, Human Trafficking, Judicial Review, Nigeria, Slavery, UKSC
Tagged Case Law, Court of Appeal, ECHR, European Union, Judicial Review, UK Supreme Court
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Strasbourg finds Nigerian man’s deportation violated article 8
Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020) In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading
“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases
AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020) The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading
Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Nigeria, Tribunals, UK Supreme Court
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‘Black British’: Nigerian criminal wins in Court of Appeal
CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019) The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush
Tagged Article 8, Asylum, British Nationality, Court of Appeal, Criminal Offences, ECHR, Tribunals, UK Supreme Court
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Paposhvili and precedent: SCD patient loses in Court of Appeal
Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading
Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC
Tagged Article 8, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Paposhvili, Tribunals, UK Supreme Court
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Scottish Perspectives on Paragraph 322(5) and ILR
Oji (Nigeria) v Secretary of State for the Home Department [2018] CSOH 127 The petitioner, or claimant, Mr Collins Oji was a Nigerian national who applied for indefinite leave to remain (ILR) on 19 February 2016 along with his dependent … Continue reading
Standard of Proof for Statelessness is Balance of Probabilities
AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading
Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC
Tagged Asylum, British Nationality, Court of Appeal, Criminal Offences, Immigration Rules, Persecution, Refugee Convention, Terrorism, UK Supreme Court
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Parental Conduct and the Seven Year Rule
NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading
Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Removals, Tribunals, UK Supreme Court
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Seven Year Rule: ‘Powerful Reasons’ Approach Confirmed
MT & ET (Child’s Best Interests: Ex Tempore Pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) The president Peter Lane J has reconfirmed Elias LJ’s doctrine in MA (Pakistan) & Ors [2016] EWCA Civ 705 (see here) that “powerful reasons” are … Continue reading
Drug Dealing and Deportation: No Sympathy in Strasbourg for Settled Nigerian Criminal
Ndidi v United Kingdom – 41215/14 (Article 8 – Expulsion – Nigeria) [2017] ECHR 781 (14 September 2017) Nicknamed “Bruiser” for “roughing up” his minions in the underworld of drug dealing, Ifeanyi Chukwu Ndidi, a Nigerian, entered the UK aged … Continue reading
Posted in Article 8, Automatic Deportation, Children, ECHR, Human Rights, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judges, Judicial Review, Legal Aid, Nigeria, Proportionality, Public Interest, Refugee Convention, s 55 BCIA, Settlement, Tribunals
Tagged Article 8, Criminal Offences, ECHR, Immigration Rules, Judicial Review, Refugee Convention, Tribunals, UK Supreme Court
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‘Sub-optimal’ Supplementary Decision Letters Are Lawful
Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is widespread in immigration judicial review. They are used in various situations in order to cure … Continue reading
Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors
Tagged Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Judicial Review, Tribunals
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‘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
Supreme Court on Detention, Deportation and Mental Illness
R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading
Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC
Tagged Asylum, Case Law, Detention, Judicial Review, Mental Illness, Removals, UK Supreme Court
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‘New’ Article 8 Authorities Are Not Legislation
R (Esther Ebun Oludoyi & Ors) v Secretary of State for the Home Department (Article 8 – MM (Lebanon) and Nagre) IJR [2014] UKUT 539 (IAC) (29 October 2014 ) This decision clarifies that judgments such as Nagre [2013] EWHC … Continue reading
Posted in Article 8, ECHR, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals
Tagged Article 8, Case Law, Immigration Rules
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Strike Three For New Rules: Part 2
Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) SSHD’s Case It was maintained that paragraph A362, part 13 (deportation), of the rules defeated O’s Article 8 claim and, even though the decision was made more … Continue reading
Posted in Article 8, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals
Tagged Children, European Union, UK Supreme Court
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Strike Three For New Rules: Part 1
Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) (08 February 2013) Nigeria – Africa’s most populous country – is spearheading the campaign against deportation and Ogundimu is the third case in a row where the judiciary has sent … Continue reading
Posted in Article 8, Crime, Human Rights Act, Nigeria, Settlement
Tagged Article 8, Immigration Rules, Removals
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United Kingdom Immigration Law Blog 