Tag Archives: Children

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Supreme Court: MIR is Lawful

MM (Lebanon) & Ors v SSHD and Anor [2017] UKSC 10 (22 February 2017) Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court … Continue reading

Posted in Appendix FM, Article 12, Article 14, Article 8, Children, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, MIR, Proportionality, s 55 BCIA, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

‘Sub-optimal’ Supplementary Decision Letters Are Lawful

Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is widespread in immigration judicial review. They are used in various situations in order to cure … Continue reading

Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

RLR and Irrationality: Settlement for Sikh Separatist

MS (India) v Secretary of State for the Home Department [2016] EWHC 3162 (Admin) (09 December 2016) This intriguing article 1F case concerns a Sikh separatist, or “terrorist” from India’s point of view, seeking a free Khalistān – literally “the … Continue reading

Posted in Article 2, Article 3, Article 8, Asylum, Deportation, ECHR, Immigration Act 2014, India, Politics, Proportionality, Refugee Convention, RLR, Settlement, SIAC, Terrorism | Tagged , , , , , , , , , | Leave a comment

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