Tag Archives: Article 8

‘The Duty of the CPS is to the Public’: Article 8 and Prosecuting Refugees for False Documents

SXH (Appellant) v The Crown Prosecution Service (Respondent) [2017] UKSC 30 “This woman, in her short life, has had to endure experiences of the most horrific nature,” is how Lord Kerr described the appellant’s ordeal. However, the Supreme Court dismissed … Continue reading

Posted in Agents, Article 5, Article 6, Article 8, CPS, ECHR, Judicial Review, Refugee Convention, Somalia, UKSC | Tagged , , , , , , , | 1 Comment

Case Preview: SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent)

Three years ago in AA (Somalia) v ECO (Addis Ababa) [2013] UKSC 81, the Supreme Court considered whether a Somali child in her brother-in-law’s care under the doctrine of Kafalah – a process of legal guardianship and the Islamic equivalent … Continue reading

Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, Entry Clearance, Immigration Rules, Islam, UKSC | Tagged , , , , , , , | 1 Comment

Lex Loci Celebrationis and Proxy Marriage in English Law

Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 (23 March 2017) Marriage by proxy is quite an important legal institution. As seen before, in the present case the home office agreed with Awuku that the … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Judges, Spouses | Tagged , , , , , , | Leave a comment

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Supreme Court: MIR is Lawful

MM (Lebanon) & Ors v SSHD and Anor [2017] UKSC 10 (22 February 2017) Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court … Continue reading

Posted in Appendix FM, Article 12, Article 14, Article 8, Children, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, MIR, Proportionality, s 55 BCIA, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

‘Sub-optimal’ Supplementary Decision Letters Are Lawful

Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is widespread in immigration judicial review. They are used in various situations in order to cure … Continue reading

Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

Case Preview: SXH (Appellant) v CPS (Respondent)

SXH (Appellant) v CPS (Respondent) UKSC 2014/0148 relates to an asylum seeker who fled her native Somalia in 2008 because of suffering extreme sexual and physical violence and arrived in the UK in 2009 via Yemen and Holland. “SXH” hails … Continue reading

Posted in Africa, Agents, Article 8, Asylum, Crime, ECHR, Human Rights Act, Judicial Review, Somalia, UKSC | Tagged , , , , , , | Leave a comment