Category Archives: South Africa

Government prevails over sexual offender in Court of Appeal

Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) In the SSHD’s appeal against a decision of the UT overturning a deportation order made in respect of Mr Deon Starkey, the Court of … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Deportation, Permanent Residence, Settlement, Sexual Offences, South Africa | Tagged , , , | Leave a comment

Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement

G v G [2021] UKSC 9 (19 March 2021)  The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading

Posted in Appeals, Asylum, Brexit, Child Abduction, High Court, Immigration Rules, Refugee Convention, South Africa, UKSC | Tagged , , , , , , | Leave a comment

Pakistan and Child Abduction: Lahore High Court holds ‘Hague Convention is not an extradition treaty’

Pakistan is notorious for child abduction. In the case of Sumayyah Moses v SHO and Others (Writ Petition No. 74048 of 2019) PLD 2020 Lahore 716, the Lahore High Court explained that the Hague Convention on the Civil Aspects of International … Continue reading

Posted in Cases, Child Abduction, Children, Citizenship and Nationality, Court of Appeal, Expert Evidence, Extradition, Families, Family Court, Foreign law, Habitual Residence, Hague Convention, Inherent Jurisdiction, Islam, Judicial Review, Lahore High Court, Nationality, Pakistan, South Africa | Tagged , , , , , , | Leave a comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Standard of Proof for Statelessness is Balance of Probabilities

AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading

Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC | Tagged , , , , , , , , | 1 Comment

Gender Discrimination and Historic Injustice: Law Corrected on British Citizenship through Matrilineal Descent

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018) Women have overwhelmingly borne the brunt of injustice throughout history and discrimination against females has been axiomatic in the sphere of citizenship. The British Nationality Act … Continue reading

Posted in Article 14, Article 8, Citizenship and Nationality, ECHR, Historic Injustice, Human Rights Act, Immigration Act 2014, Judicial Review, Nationality, South Africa, UKSC, Women | Tagged , , , , | 3 Comments

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment