Tag Archives: Case Law

Off the Hook: New Guidance on HOPOs and WCOs

Awuah & Ors (Wasted Costs Orders – HOPOs – Tribunal Powers: Ghana) [2017] UKFTT 555 (IAC) (13 July 2017) Everyone knows that the tribunal judiciary is generally quick to side with sedentary HOPOs who serve no purpose other than reciting … Continue reading

Posted in Agents, Cases, Costs, Court of Appeal, HOPOs, Misconduct, Tribunals, WCOs | Tagged , , , , , , , | 3 Comments

Inherent Jurisdiction: Article 8 and Adoption

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017) Nigerians are automatically associated with corruption and deception. The magnitude of the problem is such that even honest citizens of Nigeria – who … Continue reading

Posted in Adoption, Article 8, Children, Dependants, ECHR, Entry Clearance, Families, Immigration Rules, Inherent Jurisdiction, PBS | Tagged , , , , , | Leave a comment

‘Human Marketplace’: New Libya Country Guidance

ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) (28 June 2017) When “mad dog” Muammar Gaddafi deposed Libya’s King Idris in 1969, his hero Nasser was both shocked and amused that the jaded ideology conjuring up fake dreams of … Continue reading

Posted in Agents, Asylum, European Union, Human Trafficking, Iraq, Islam, Libya, Manchester, Persecution, Politics, Refugee Convention, Terrorism | Tagged , , , , , , | 1 Comment

EU Law and Family Unity: The Opinion in Lounes

Lounes v Secretary of State for the Home Department (C‑165/16 EU:C:2017:407) (30 May 2017) An Algerian, Toufik Lounes entered the UK as a visitor on a six-month visa in January 2010. He overstayed illegally. He formed a relationship with Perla … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Employment, Integration, Permanent Residence, Proportionality, Spouses, Working | Tagged , , , , , | Leave a comment

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

BritCits v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) “Dead woman walking” zombie Theresa May’s odium for the sick and elderly achieved infamy long before her “dementia tax” debacle. The courts have … Continue reading

Posted in ADR, Appendix FM, Article 8, Dependants, ECHR, Immigration Rules, India, Judicial Review, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment

Reflections on Zambrano: The Judgment in Chavez-Vilchez

Chavez-Vilchez and Others C-133/15 ECLI:EU:C:2017:354 (10 May 2017) Minor EU children have a unique status in the CJEU’s jurisprudence and as these Dutch cases show, EU citizen children dependent on their non-EU parents are capable of repaying their debts to … Continue reading

Posted in Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, European Union, Families, Women | Tagged , , , , , , | Leave a comment