Category Archives: Proportionality

The ‘Unvarnished’ Article 8: Haleemudeen Wrongly Decided

Singh v The Secretary of State for the Home Department [2015] EWCA Civ 74 (12 February 2015) In this case on the interaction between the old rules and the new rules, the Court of Appeal (Arden, Lewison and Underhill LJJ) … Continue reading

Posted in Appendix FM, Article 8, Cases, ECHR, Immigration Rules, Proportionality | Tagged , , | Leave a comment

‘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 , , | Leave a comment

Pre-entry English Tests for Spouses: ‘Benign Reform’ or ‘Social Engineering’?

A Supreme Court panel consisting of Lord Neuberger, Lady Hale, Lord Kerr, Lord Hughes and Lord Hodge looks set to hear Saffna Abdulla Mohammed Ali and Saiqa Bibi’s cases on 25 February 2015. These proceedings originated as a judicial review … Continue reading

Posted in Article 12, Article 14, Article 8, ECHR, English Tests, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , | Leave a comment

Khomeinism Upheld By Supreme Court

Lord Carlile of Berriew QC, & Ors, R (on the application of) v Secretary of State for the Home Department [2014] UKSC 60 (12 November 2014) The vibrant young Iranian men and women of North London who can be seen … Continue reading

Posted in Article 10, FCO, Human Rights Act, Immigration Rules, Iran, Politics, Proportionality, Terrorism | Tagged , , , | Leave a comment

Advocate General Sharpston: Charter Constrains “Verifying” Asylum Claimants’ Sexual Orientation

In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C, AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private … Continue reading

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Article 8 is Not a Box Ticking Exercise

Ahmed v Secretary of State for the Home Department [2014] EWHC 300 (Admin) (14 February 2014) In this case Mr Justice Green held that it is important to avoid a “tick box” mentality in respect of article 8 of the … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Proportionality, Spouses | Tagged , , , | Leave a comment

Citizens’ Directive: Imprisonment and Permanent Residence

Nnamdi Onuekwere v Secretary of State for the Home Department [2013] EUECJ C-378/12 (03 October 2013) This post looks at Advocate General Yves Bot’s recent opinion on Directive 2004/38/EC and the right of permanent residence. The opinion “carries no legal … Continue reading

Posted in Citizens Directive, CJEU, European Union, Permanent Residence, Proportionality | Tagged , , , , | Leave a comment