Tag Archives: Case Law

Under Zoumbas, Tribunal Cases Can’t Contradict Nagre

Javed & Ors v Secretary of State for the Home Department [2015] EWHC 390 (Admin) (20 February 2015) This judicial review claim concerned a six member Pakistani family. Together with his wife, two sons and two daughters, Mr Javed arrived … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

The ‘Unvarnished’ Article 8: Haleemudeen Wrongly Decided

Singh v The Secretary of State for the Home Department [2015] EWCA Civ 74 (12 February 2015) In this case on the interaction between the old rules and the new rules, the Court of Appeal (Arden, Lewison and Underhill LJJ) … Continue reading

Posted in Appendix FM, Article 8, Cases, ECHR, Immigration Rules, Proportionality | Tagged , , | Leave a comment

Students: Appeal Rights Arise From Statute, Not By Fiat

R (Ahmed) v The Secretary of State for the Home Department [2015] EWHC 23 (Admin) (15 January 2015) Subsequent to imposing an entry clearance ban on Mehmooda Begum for her brother’s “deception”, in this Tier 4 (General) case involving London … Continue reading

Posted in Cases, Immigration Rules, Judicial Review, PBS, Students, Tier 4 | Tagged , | 1 Comment

‘New’ Article 8 Authorities Are Not Legislation

R (Esther Ebun Oludoyi & Ors) v Secretary of State for the Home Department (Article 8 – MM (Lebanon) and Nagre) IJR [2014] UKUT 539 (IAC) (29 October 2014 ) This decision clarifies that judgments such as Nagre [2013] EWHC … Continue reading

Posted in Article 8, ECHR, Human Rights Act, Immigration Rules, Nigeria, Proportionality, Removals | Tagged , , | Leave a comment

Deception: Entry Clearance and the Meaning of ‘False’

Begum (false documents and false statements) [2015] UKUT 41 (IAC) (8 December 2014) Despite having visited the UK in the past, Mehmooda Begum, a Pakistani, was refused a visa to visit her son and daughter-in-law. She was not found to … Continue reading

Posted in ECOs, False Statements, Immigration Rules | Tagged , , | Leave a comment

Asylum and Sexual Orientation: Lost Opportunities in the CJEU

Joined Cases C-148/13 to C-150/13, A, B, C v Staatssecretaris van Veiligheid en Justitie, UNHCR intervening, EU:C:2014:2406 (02 December 2014) As Lord Hope DPSC (as he then was) explained some years ago, the High Contracting Parties to the to the Convention … Continue reading

Posted in Asylum, CFR, CJEU, European Union, Netherlands | Tagged , , , , | 1 Comment

JB (Jamaica): Is Jamaica Safe For Homosexuals?

JB (Jamaica) Case ID UKSC 2013/0162 concerns the persecution of gay people and throws up the thorny question whether the Secretary of State for the Home Department (SSHD) is entitled by section 94(5) of the Nationality, Immigration and Asylum Act … Continue reading

Posted in Article 3, Asylum, Homophobia, Jamaica, Pakistan, Persecution | Tagged , , , , | 3 Comments