Category Archives: s 55 BCIA

Lone Women and Ostracism in Pakistan

SM (Lone Women – Ostracism) Pakistan [2016] UKUT 67 (IAC) (2 February 2016) Like his clever creator, Kipling’s fictional character of the orphaned/vagabond Irish immigrant child Kimball O’Hara – the devoted chela (disciple) of a lama – lived in late … Continue reading

Posted in Article 3, Article 8, Asylum, Hale JSC, Immigration Act 2014, Islam, Pakistan, Persecution, Politics, Refugee Convention, s 55 BCIA, Tribunals, Women | Tagged , , , , , , | 3 Comments

AA (Afghanistan): What is the Scope of the Tracing Duty?

The Supreme Court looks set to hear a trio of Afghan asylum cases next week. The fact that AA (Afghanistan) (Appellant) UKSC 2014/0081 and TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 involve children does not detract from the truly … Continue reading

Posted in Afghan War, Asylum, Children, CJEU, Judicial Review, s 55 BCIA | Tagged , , , | Leave a comment

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments

Court of Appeal on Children’s Duty

EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading

Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2 | Tagged , , , , | 1 Comment

Child Asylum Seeker’s Detention Held Unlawful

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012) This case has a lot of faces because the legal issues it raises are quite complex. There is a lot in the … Continue reading

Posted in Asylum, Children, Detention, Human Rights Act, Iran, s 55 BCIA, UKSC | Tagged , , , , | Leave a comment

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s observations … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments

Barriers to entry: spouses’ English tests upheld

Language is the commonest human currency and it has an historical connection to culture and politics. Ostensibly, English remains the lingua franca of the world. Yet its imposition upon people – often far away in a Gujarati, Punjabi or Yemeni … Continue reading

Posted in Article 12, Article 14, Article 8, Cases, English Tests, Human Rights, Immigration Rules, s 55 BCIA | Tagged , , , , , | Leave a comment