Tag Archives: Children

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

Court of Appeal: No Absolutism in Zambrano Principle

The Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 (02 February 2018) The government’s appeal in this case was stayed, prior to which the UT had allowed Robinson’s appeal against a FTT decision, pending … Continue reading

Posted in Appeals, Children, Citizens Directive, CJEU, Court of Appeal, Deportation, European Union, Free Movement, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 2 Comments

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: Court of Appeal Confirms the Approach in Mostafa

Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017) In this interesting case, the Court of Appeal allowed the ECO’s appeal against the Upper Tribunal’s decision that the relationship between Edna Kopoi and her relatives … Continue reading

Posted in Africa, Article 8, Brexit, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Miller, Proportionality, Tribunals, UKSC, Visitors | Tagged , , , , , , , , | 1 Comment

Statelessness: Ethnic Cleansing and the Rohingya

UNHCR estimates that at least 10 million people around the world are stateless. People who are denied a nationality are automatically disentitled from everyday activities most of us take for granted. The inability to access banking, education, employment and healthcare … Continue reading

Posted in Asylum, Bangladesh, Brexit, Citizenship and Nationality, Deportation, Ethnic Cleansing, Genocide, India, Karachi, Myanmar, Pakistan, Persecution, Politics, Racism, Refugee Convention, Rohingya, Statelessness, Terrorism, UKSC, United Nations, United States | Tagged , , , , , , , , , , , | 2 Comments

Aligning the Immigration Rules with MM (Lebanon)

Judicial review claims known as MM (Lebanon) & Ors [2017] UKSC 10 challenging the Minimum Income Requirements (MIR) under Appendix FM ended in overall disappointment for divided families. Partial success at first instance resulted in momentary jubilation. But ultimately, following … Continue reading

Posted in Appendix FM, Article 8, Children, ECHR, Employment, Families, Human Rights Act, Immigration Rules, Judicial Review, Proportionality, s 55 BCIA, Settlement, UKSC, Working | Tagged , , , , , , | 1 Comment

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