Tag Archives: Article 8

Undue Harshness and the Public Interest in Deportation

IT (Jamaica) involves the important issue of the weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be “unduly harsh” on his British citizen child within the … Continue reading

Posted in Article 8, Automatic Deportation, Children, ECHR, European Union, Families, Immigration Act 2014, Immigration Rules, Jamaica, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Parental Conduct and the Seven Year Rule

NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Reasonableness and the Seven Year Rule

Seven years’ residence is seen as a magical milestone in immigration law. The revised Immigration Rules introduced in 2012 and subsequent statutory innovations in the Immigration Act 2014 revived a redundant non-statutory concessionary policy that the seven years’ benchmark should … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , | Leave a comment

‘Systemic Failure’: Second Appeals and Indemnity Costs

Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 (17 April 2018) This is another addition to Singh LJ’s expanding collection of heads. The new specimen is a Home Office scalp and it rather shamefully involves … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Costs, Court of Appeal, ECHR, Extradition, Families, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, Misconduct, Politics, Proportionality, Racism, Tribunals, UKSC, Windrush | Tagged , , , , , , , , , | Leave a comment

Appeal Rights and EFMs: The Opinion in Banger

AG Bobek’s Opinion, SSHD v Rozanne Banger C‑89/17, ECLI:EU:C:2018:225 Appeal rights in a hostile environment are a profoundly important question. In the case of Banger (Unmarried Partner of British National: South Africa) [2017] UKUT 125 (IAC) a series of questions were referred to … Continue reading

Posted in Appeals, Article 6, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, Judicial Review, OFMs, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Article 8 and ADRs: The End of the Line?

Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018) Singh LJ has recently taken yet another scalp. On this occasion his Lordship’s sword fell on the head of a helpless and elderly woman, a South African national … Continue reading

Posted in ADR, Appendix FM, Appendix V, Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC, Visitors, Women | Tagged , , , , , , | 3 Comments

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment