Category Archives: Removals

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

Court of Appeal says ‘kitchen-sink’ approach to the citation of authorities is ‘wholly illegitimate’

Kaur v The Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019) Dismissing a Tier 4 (General) student’s appeal, the Court of Appeal has held that it is “wholly illegitimate” for legal representatives to cite … Continue reading

Posted in Court of Appeal, Culture, Hostile Environment, Immigration Act 2014, Immigration Rules, Judges, Judicial Review, PBS, Removals, Students, Tier 4, Tribunals | Tagged , , , , , | Leave a comment

Court of Appeal holds that a ‘rolling review’ is acceptable

R (Spahiu) v Secretary of State for the Home Department [2018] EWCA Civ 2604 (28 November 2018) Adding to the vast expanse of technical judicial review litigation, this judgment concerns a protracted dispute between a failed asylum-seeker and the Home … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Culture, ECHR, Judicial Review, Removals, 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

Medical Cases: Asylum, Torture and EU Law

Case C-353/16 MP (Sri Lanka) v SSHD (ECLI:EU:C:2017:795) In this reference, the Supreme Court asked the CJEU to rule on the question whether a third country national, who had been tortured in the past but will not be tortured upon return, … Continue reading

Posted in Article 3, Asylum, CFR, CJEU, ECHR, European Union, International Law, Persecution, Refugee Convention, Removals, Sri Lanka, Statelessness, UKSC | Tagged , , , , , , , , | 1 Comment

Children and the Seven Year Itch

R (MA (Pakistan) & Ors) v UTIAC & Anor [2016] EWCA Civ 705 (07 July 2016) The divergence of views on what is or is not important about the 7-year rule means that nothing really makes sense anymore. Unsurprisingly, there … Continue reading

Posted in Article 8, Children, Court of Appeal, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals | 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