Category Archives: UKSC

Deemed Paternity and Discrimination: Section 50(9A) of the British Nationality Act 1981 is Incompatible with the ECHR

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) Importantly, the Administrative Court has recently held that the scheme in section 50(9A) of the British Nationality Act 1981 which deemed … Continue reading

Posted in Article 14, Article 8, Children, Citizenship and Nationality, ECHR, Hostile Environment, Human Rights Act, Judicial Review, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Guidance on Entry Clearance and MIR

Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018) The Supreme Court’s ruling in MM (Lebanon) [2017] UKSC 10 permitted the operation of the Minimum Income Requirement (MIR) for partners in Appendix … Continue reading

Posted in Appeals, Appendix FM, Blake J, Children, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, MIR, Precariousness, Proportionality, Spouse visa, Spouses, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Refugee Convention: Metropolitan Territory is Distinct from Dependent Territories

R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 (30 July 2018) In a complex interim judgment dealing with threshold issues, the Supreme Court has held that both the Refugee Convention 1951 and the … Continue reading

Posted in Asylum, ECHR, Entry Clearance, Free Movement, Immigration Rules, Judicial Review, Persecution, Proportionality, Refugee Convention, UKSC, United Nations | Tagged , , , , , , | Leave a comment

Banger: EFMs are Covered by Surinder Singh

In Banger (C-89/17, EU:C:2018:570), the CJEU recently held that the historic decision in Surinder Singh (C-370/90, EU:C:1992:296) applies to an extended family member (EFM) and where an EU citizen returns to his member state of origin it must facilitate the … Continue reading

Posted in Appeals, Brexit, Citizens Directive, CJEU, European Union, Free Movement, OFMs, Permanent Residence, Spouses, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?

Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Public Interest, Settlement, Students, Tier 2, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Brexit and the EU Settlement Scheme

As if Appendix FM and its sinister siblings were not enough, soon free movement law will interact with the Immigration Rules in the form of Appendix EU so as to implement settled status for EU citizens and their family members. … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, Automatic Deportation, Brexit, Citizens Directive, CJEU, ECHR, Enhanced Protection, European Union, Free Movement, Immigration Act 2014, Immigration Rules, Permanent Residence, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , , , , , | 1 Comment

Article 8 After Agyarko: The Correct Approach

TZ (Pakistan) and PG (India) v Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) These appeals were heard after the Supreme Court’s decision in R (Agyarko) [2017] UKSC 11 (see here) which made it … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, India, Pakistan, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | 4 Comments