Tag Archives: Case Law

Hague Convention: Supreme Court Confirms the Concept of ‘Repudiatory Retention’ in Child Abduction Cases

Re C (Children)(Abduction: Rights of Custody)[2018] UKSC 8 (14 February 2018) Turning on the controversial subject of child abduction, this case divided the Supreme Court on the outcome on the facts. But otherwise, the Justices concurred on key points of principle … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, CJEU, Court of Appeal, European Union, Families, Hague Convention, Lady Hale, UKSC, Women | Tagged , , , , , , | Leave a comment

Supreme Court: Reference to CJEU on Kefalah Children

SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 (14 February 2018) This appeal concerning legal guardianship under the Islamic “kefalah” system provided the Supreme Court the opportunity to refer three questions to the CJEU. The justices … Continue reading

Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, CJEU, ECHR, Entry Clearance, European Union, Free Movement, UKSC | Tagged , , , , , | Leave a comment

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment

Case Preview: Bashir and Others v SSHD

In her Christmas speech to British forces in Akrotiri, the prime minister celebrated the downfall of ISIS. Temporarily relieved from the turbulence of domestic and European politics, a triumphant Theresa May stressed that British military bases in Cyprus – the … Continue reading

Posted in Appeals, Article 14, Asylum, Brexit, CFR, Court of Appeal, ECHR, Human Trafficking, International Law, Italy, Judicial Review, Persecution, Politics, Refugee Convention, Settlement, UKSC | Tagged , , , , , , , , | 1 Comment

Zambrano Carers: ‘Benefits Tourism’ Appeal Dismissed

R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 (15 November 2017) Lady Hale found this to be a “very troubling” case but she agreed with Lord Carnwath that the appeal had to be dismissed. The … Continue reading

Posted in Article 14, CFR, Children, Citizenship and Nationality, CJEU, Court of Appeal, ECHR, European Union, Families, Judicial Review, UKSC | Tagged , , , , , , , | 1 Comment

Article 8 and Entry Clearance: The Final Nail in the Coffin

Secretary of State for the Home Department v Onuorah [2017] EWCA Civ 1757 (03 November 2017) Notably, the Court of Appeal has confirmed the correctness of its decision in the recent case of Kopoi [2017] EWCA Civ 1511 (see here). … Continue reading

Posted in Appeals, Article 2, Article 8, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Rules, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment

‘Nothing Irrational’ about Abolishing Appeal Rights in Domestic Violence Cases

R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin) (18 October 2017) These judicial review proceedings relate to appeal rights in a hostile environment, domestic violence and indefinite leave to remain … Continue reading

Posted in Appeals, Appendix FM, Article 2, Article 3, Article 8, Domestic Violence, ECHR, Forced marriage, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement | Tagged , , , , , , | Leave a comment