Category Archives: Proportionality

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment

Pakistani with ‘sufficiently reprehensible conduct’ wins ILR

SSHD v MA Khan [2020] UKAITUR HU097412019 (12 March 2020)  Appeals falling within the dreaded paragraph 322(5) genre are usually quite controversial as Tier 1 (General) migrants were seen as an asset to the UK’s economy but many of them cooked up tax … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Rules, Pakistan, Paragraph 322(5), Proportionality, Settlement, Tier 1, Tribunals | Tagged , , , , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Royal Marine gambler with two sons loses deportation battle

LE (St Vincent and the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020)  The Court of Appeal has held that section 117C(5) of the Nationality, Immigration and Asylum Act 2002 applies … Continue reading

Posted in Afghan War, Appeals, Article 8, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Iraq, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)  In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC | Tagged , , , , , , , , | Leave a comment

Registration fees for British citizenship breach section 55 duty

R (PRCBC & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin) (19 December 2019)  The Project for the Registration of Children as British Citizens (“PRCBC”), and two child claimants “O” and “A” brought judicial review proceedings against … Continue reading

Posted in Access to Justice, Article 14, Article 8, Children, ECHR, Human Rights Act, Judicial Review, Proportionality, Settlement, UKSC | Tagged , , , , , , | Leave a comment

The public interest in deportation has ‘a moveable rather than fixed quality’ holds Court of Appeal

Akinyemi v The Secretary of State for the Home Department [2019] EWCA Civ 2098 (04 December 2019)  The Court of Appeal thinks that it is necessary to approach the public interest in deportation in a flexible manner by accepting that … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Deportation, ECHR, Families, Human Rights, Immigration Rules, Proportionality, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

Posted in Appeals, Article 8, Asylum, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Proportionality, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Jamaican drug dealer beats Home Office in Court of Appeal

The Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019) The Court of Appeal has held that FTTJ Burnett had been entitled to hold that the deportation of a Jamaican citizen (JC) … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Settlement, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Seven Year Rule: Immigration History of Parents is Irrelevant

The Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019) As discussed earlier in the analysis of JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC), the … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Fraud and revocation of ILR: Court of Appeal unlocks the door to the finality of unappealed tribunal decisions

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019) The Court of Appeal recently dismissed a Pakistani immigrant’s appeal against the refusal of his judicial review claim challenging the decision to cancel … Continue reading

Posted in Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Proportionality, Settlement, Tribunals | Tagged , , , , , , | Leave a comment

No presumption favouring revocation of deportation order after 10 years says Court of Appeal

EYF (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 592 (11 April 2019) In relation to the proper construction of paragraph 391(a) of the Immigration Rules, which concerns the continuation of deportation orders in relation to … Continue reading

Posted in Asylum, Cases, Court of Appeal, Deportation, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Turkey | Tagged , , , , , | Leave a comment

Section 117B(6) after KO (Nigeria): Presidential panel allows dishonest Turkish mother’s appeal

JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC) (15 February 2019) The Supreme Court’s decision in KO (Nigeria) [2018] UKSC 53 (discussed here) was a seminal judgment. Yet it was seen as “deeply unsatisfactory” in some … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Tribunals, Turkey, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal overrules Portuguese national’s deportation

Lopes v Secretary of State for the Home Department [2019] EWCA Civ 199 (26 February 2019) Sir Stephen Richards and Davis and Simon LJJ have recently overruled a Portuguese national’s deportation by holding that when determining whether the First Tier Tribunal … Continue reading

Posted in Citizens Directive, CJEU, Court of Appeal, European Union, Free Movement, Proportionality, Tribunals | Tagged , , , , , | Leave a comment

Upper Tribunal gives important guidance on discretion and exceptional circumstances

R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC) (26 October 2018) A self-representing applicant for judicial review who in the Upper Tribunal’s view “represented herself with eloquence and courtesy”, Mrs Prathipati triumphed against the government’s junior counsel … Continue reading

Posted in Article 8, Cases, Immigration Rules, Judicial Review, Proportionality, Tier 2, Tier 4 | Tagged , , , | 1 Comment

Article 8 and Private Life: Supreme Court Confirms Bright-line Interpretation of ‘Precarious’ in Section 117B(5) of NIAA 2002

Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 (14 November 2018) In interpreting the meaning of “precarious” in section 117B(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), whereby little weight should be given to … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Ticking the Fee Box: Crucial Guidance on Authorising Payment and Validity of Immigration Applications

Kousar & Ors v Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Giving guidance on the scope of the earlier Basnet [2012] UKUT 113 (IAC) principle concerning the rejection of applications as invalid, the Court … Continue reading

Posted in Appeals, Court of Appeal, Families, Immigration Rules, Pakistan, PBS, Proportionality, Tier 1, Tribunals | Tagged , , , , , , , | Leave a comment

Seven Year Rule: Child-Centred Decision By Supreme Court

KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018) The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, Deception, ECHR, Families, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Removals, s 55 BCIA, UKSC | Tagged , , , , , , , , | 1 Comment