Category Archives: Public Interest

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 , , , , , , , | Leave a comment

Integration is Multidimensional: ‘Generic Factors’ Count in Calculating Integrative Links in Deportation Cases

AS (Iran) v Secretary of State for the Home Department [2017] EWCA Civ 1284 (23 August 2017) AS entered the UK aged nine with his mother under the family reunion rules because his father had been granted indefinite leave to … Continue reading

Posted in ADR, Article 8, Cases, Court of Appeal, Deportation, ECHR, Employment, Human Rights Act, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

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

Overruling Kareem: Proxy Marriages and Recognition under European Union Law

Awuku v Secretary of State for the Home Department [2016] EWCA Civ 1303 (06 December 2016) see update here Questions about the validity of marriage have eternally dogged immigration law. Born in October 1973, and the holder of Ghanaian nationality, … Continue reading

Posted in Article 8, Citizens Directive, Citizenship and Nationality, ECHR, European Union, Public Interest, Spouses, Tribunals | Tagged , , , , , , , , | 1 Comment

Suitability Criteria for Entry Clearance are ‘Rather Clumsy’

Entry Clearance Officer – United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) Entry clearance for a foreign national with significant previous criminal convictions is dealt with under paragraph S-EC.1.4. … Continue reading

Posted in Appeals, Appendix FM, Article 8, Asylum, Children, Deportation, ECHR, Entry Clearance, Immigration Rules, Proportionality, Public Interest, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment

‘Integration’ Calls for a Broad Evaluative Judgment

Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 (11 August 2016) It is nearly impossible to find an immigration judgment at the Court of Appeal level that does not mention any case law at all. … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Immigration Act 2014, Immigration Rules, Public Interest, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment