Category Archives: UKSC

Brexit: Analysis of Miller and Cherry in Supreme Court

R (Miller/Cherry) v The Prime Minister [2019] UKSC 41 (24 September 2019)  These proceedings concerned a “one-off” issue arising in circumstances unseen in history and unlikely to arise again. The Supreme Court was cautious to emphasise at the outset that these … Continue reading

Posted in Brexit, Cases, Court of Appeal, European Union, False Statements and Misrepresentations, Judges, Judicial Review, Lady Hale, Miller, Parliament, Politics, Prerogative, Rule of law, Sedley LJ, UKSC | Tagged , , , , , | Leave a comment

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 reopens appeal to avoid real injustice

Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 (22 August 2019) Hickinbottom LJ recently granted an application pursuant to rule 52.30 of the Civil Procedure Rules and allowed an Indian national’s appeal. His Lordship … Continue reading

Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Public Interest, Tier 4, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Recidivist offender from Italy unsuccessful in Supreme Court

Secretary of State for the Home Department v Franco Vomero (Italy) [2019] UKSC 35 (24 July 2019) In this longstanding dispute about free movement law and Directive 2004/38/EC (the Citizens’ Directive) dating back to 2007, the Supreme Court allowed the government’s appeal in … Continue reading

Posted in Article 5, Citizens Directive, Court of Appeal, Deportation, Detention, ECHR, European Union, Free Movement, Permanent Residence, Tribunals, UKSC | Tagged , , , , , , , | 2 Comments

Does EIG satisfy Dublin III on detaining asylum seekers? 

In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading

Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC | Tagged , , , , , , , | Leave a comment

Should the UK provide MLA to the US for the death penalty? 

In the Divisional Court, the mother of the accused ISIS terrorist Shafee El Sheikh, Maha El Gizouli failed in her challenge against the Home Secretary’s decision to provide mutual legal assistance (MLA) to the US without requiring an assurance that … Continue reading

Posted in Article 3, Article 8, CFR, Citizenship and Nationality, Court of Appeal, ECHR, European Union, Human Rights Act, Judicial Review, Syria, Terrorism, UKSC, United States | Tagged , , , , , , | Leave a comment

Paposhvili and precedent: SCD patient loses in Court of Appeal 

Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment