Category Archives: Politics

Upper Tribunal: Tanveer Ahmed remains good law

QC (verification of documents; Mibanga duty) [2021] UKUT 33 (IAC) (12 January 2021) In a panel consisting of President Lane and Vice President Ockelton, the Upper Tribunal has held as to verification of documents that the case of Tanveer Ahmed … Continue reading

Posted in Adjournment, Appeals, Article 3, Asylum, China, Court of Appeal, Credibility, ECtHR, Mibanga Duty, Pakistan, Politics, Refugee Convention, Tibetan Buddhism, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

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 , , , , , , | Leave a comment

Shamima Begum wins in Court of Appeal 

Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918 (16 July 2020) The Court of Appeal has unanimously held that the only way Ms Shamima Begum, who left the UK for Syria aged only 15 along with her … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, ISIS/ISIL, Politics, Public Interest, Syria, Terrorism, UKSC | Tagged , , , , , , | 1 Comment

Court of Appeal upholds right to rent checks

Secretary of State for the Home Department v R (otao The Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542 (21 April 2020) Davis, Henderson and Hickinbottom LJJ have held that the statutory scheme (the “right to rent … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Judicial Review, Parliament, Politics, Public Interest, UKSC | Tagged , , , , , , , | Leave a comment

Windrush was avoidable but justice is still being denied

When the Windrush scandal began to surface in 2017, a lot of right wing people argued that the black community and investigative journalists were deliberately blowing things out of proportion to cause problems for Theresa May’s crumbling premiership. Actually, it … Continue reading

Posted in Access to Justice, Article 8, COVID-19, Deportation, Immigration Act 2014, Immigration Act 2016, Jamaica, Politics, Windrush | Tagged , , , | Leave a comment

Judge’s role is only supervisory during the taking of evidence  

WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC) (16 March 2020) Vice President Ockelton and President Lane have given guidance to the effect that “during the taking of evidence a judge’s role is merely supervisory” and “if something … Continue reading

Posted in Adjournment, Appeals, Asylum, Egypt, Judges, Persecution, Politics, Tribunals | Tagged , , , , , | Leave a comment

“Open for business”: Analysis of the UK’s new PBS 

An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading

Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC | Tagged , , , , , , | 1 Comment

MLA without death penalty assurance breaches the DPA 

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020)  This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading

Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Tortured Tamil refugee wins in Court of Appeal 

RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 (28 October 2019)  The Court of Appeal has held that RS, a Sri Lankan national, who had been detained and tortured by Sri Lankan authorities … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, Politics, Sri Lanka, Terrorism | Tagged , , , , , | Leave a comment

The new graduate immigration route for students

The Tier 1 (Post Study Work) visa category (PSW) was axed on 5 April 2012. In order to attract the “best and the brightest” to the UK, a new Tier 1 (Graduate Entrepreneur) visa scheme was devised to replace the … Continue reading

Posted in Article 8, ECHR, Immigration Cap, Immigration Rules, Politics, Post Study Work, Settlement | Tagged , , | Leave a comment

Brexit: Analysis of Miller and Cherry in Supreme Court

R (Miller/Cherry) v The Prime Minister [2019] UKSC 41 (24 September 2019)  These proceedings concerned a “one-off” issue arising in circumstances unseen in history and unlikely to arise again. The Supreme Court was cautious to emphasise at the outset that these … Continue reading

Posted in Brexit, Cases, Court of Appeal, European Union, False Statements and Misrepresentations, Judges, Judicial Review, Lady Hale, Miller, Parliament, Politics, Prerogative, Rule of law, Sedley LJ, UKSC | Tagged , , , , , | 1 Comment

Critical Perspectives on the EU Settlement Scheme

In London you constantly hear a foreign language in the background and foreign workers are in action everywhere. Most of all European people do jobs local people have little appetite for. Boris Johnson promised and guaranteed EU citizens “absolute certainty … Continue reading

Posted in Access to Justice, Appendix EU, Brexit, Citizens Directive, CJEU, Enforcement, European Union, EUSS, Free Movement, Hostile Environment, Immigration Rules, Karachi, Netherlands, Permanent Residence, Politics, Settlement, Somalia | Tagged , , , , , , | 1 Comment

Should Shamima Begum be allowed to return home?

After running away from Bethnal Green with her school friends Amira Abase and Kadiza Sultana three years ago, Shamima Begum, the ISIS bride deprived of British citizenship, is stuck in limbo with her son who was born in the al-Hawl refugee … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Deprivation of Citizenship, ECHR, Families, Immigration Act 2014, Lady Hale, Persecution, Politics, Statelessness, UKSC | Tagged , , , , | 4 Comments

No death penalty assurance is necessary for ISIS ‘Beatles’

R (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019) In a rolled-up hearing, Lord Burnett LCJ and Garnham J granted permission for judicial review in these proceedings but their Lordships dismissed … Continue reading

Posted in Article 3, Article 8, CFR, ECHR, Human Rights Act, International Law, Iran, Judicial Review, Politics, Rule of law, Terrorism, UKSC | Tagged , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Section 67: Court of Appeal on UASC and Procedural Fairness

R (Help Refugees Ltd) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018) So that they may properly challenge adverse decision-making by way of judicial review, the Court of Appeal has held … Continue reading

Posted in Asylum, CFR, Children, Consultation(s), Court of Appeal, European Union, Immigration Act 2016, Immigration Rules, Judicial Review, Persecution, Politics, Refugee Convention, UKSC | Tagged , , , , , , , , | Leave a comment

Brexit and Appendix EU: Changes to the Immigration Rules

In his recent opinion in R O (C‑327/18 PPU, EU:C:2018:644), Advocate General Szpunar lamented that “we know that we know next to nothing about the future legal relationship between the EU and the United Kingdom of Great Britain and Northern Ireland”. … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, CJEU, Employment, European Union, Free Movement, Immigration Rules, Permanent Residence, Politics, Windrush | Tagged , , , , , , | 2 Comments

Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza

MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading

Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals | Tagged , , , , , , , , , | 1 Comment

Emerging Trends in Investor Visas

Despite Donald J Trump’s best efforts to appease the Kremlin, relations could not be any worse between Russia and the West. The full reach of Moscow’s meddling is obvious from the fact that Arron Banks, Brexit’s bankroller, has rather nefarious … Continue reading

Posted in Appendix V, Brexit, Business, Economy, Entry Clearance, European Union, Immigration Rules, Investors, Israel, Palestine, PBS, Politics, Settlement, Tier 1 | Tagged , , , , | 1 Comment