Category Archives: Removals

‘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

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UK Removal System Complies With ECHR

R (FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014) Jimmy Mubenga’s tragic death – caused by asphyxia because he was being manhandled by detention custody officers on an aircraft prior to its … Continue reading

Posted in Article 2, Article 3, Deportation, ECHR, Enforcement, Removals | Tagged , , , , | Leave a comment

Welcome To The Jungle

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) It seems that the controversial jurisprudential saga of impenetrable jungle law has finally been settled. In unanimously dismissing these three appeals, the UK … Continue reading

Posted in Article 8, ECHR, Immigration Rules, Pankina, Removals, UKSC | Tagged , , | 1 Comment

Immigration Bill: Article 8 and Public Interest

The immigration bill has quite a lot to do with article 8 (right to respect for private and family life and one’s home and correspondence) of the European Convention on Human Rights. It is intended that the bill will speedily … Continue reading

Posted in Article 8, Automatic Deportation, Cases, Human Rights Act, Immigration Law, Removals | Tagged , , , , | 9 Comments

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

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SSHD Required to Deal with Fresh Claims in Amended Grounds

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading

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Removing adult children as family members

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012)  At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading

Posted in Article 8, Children, False Statements, India, Pakistan, Removals | Tagged , , , , | Leave a comment