Tag Archives: Children

Children’s Rights Are Not Passports Against Deportation

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016) Makhlouf entered the UK in 1997 as the spouse of settled person and was granted indefinite leave to remain in 1999. He was … Continue reading

Posted in Appendix FM, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Proportionality, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court: Iraqi Criminal’s Appeal Dismissed

Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60 (16 November 2016) The linked cases of Hesham Ali (an Iraqi) and Zouhair Ben Belacum Makhlouf (a Tunisian) concern the contentious theme of foreign criminals. Lord Neuberger, … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Iraq, Proportionality, UKSC | Tagged , , , , , , , | Leave a comment

Automatic Citizenship Defeats Automatic Deportation

R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56 (19 October 2016) Recently in Bancoult (No 2) [2016] UKSC 35, Lady Hale dissented and dissected the rivaling theories of liberal imperialism (concentrating on good governance) and … Continue reading

Posted in Article 14, Article 8, Automatic Deportation, Citizenship and Nationality, ECHR, Human Rights Act, Immigration Act 2014, Miller, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment

Blues for Zambrano: CS (Morocco) and Rendón Marín

In Zambrano (C‑34/09, EU:C:2011:124) the CJEU caused a stir by insisting that national law was incapable of depriving EU citizens of the genuine enjoyment of the substance of the rights granted by Union citizenship. Thereafter, in a series of judgments, … Continue reading

Posted in Article 3, Article 8, Asylum, Automatic Deportation, CFR, Children, Citizens Directive, CJEU, Deportation, European Union, Refugee Convention | Tagged , , , , , , , | Leave a comment

Children and the Seven Year Itch

R (MA (Pakistan) & Ors) v UTIAC & Anor [2016] EWCA Civ 705 (07 July 2016) The divergence of views on what is or is not important about the 7-year rule means that nothing really makes sense anymore. Unsurprisingly, there … Continue reading

Posted in Article 8, Children, Court of Appeal, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals | Tagged , , , , , | Leave a comment

Extremely Deplorable CJEU Ruling on Domestic Violence

SSHD v NA (Pakistan) [2016] EUECJ C-115/15, EU:C:2016:487 (30 June 2016) As pointed out by Guild, Peers and Tomkin in The EU Citizenship Directive: A Commentary (2014), Directive 2004/38/EC “has proven to be a fertile ground for litigation, generating increasing, … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, Domestic Violence, Employment, Proportionality, Women | Tagged , , , , , , , | Leave a comment

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment