Tag Archives: Children

Local authority can apply for EUSS settled status for children in care without court approval

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)  In these proceedings the court was required to determine whether local authorities needed its authorisation to apply for immigration status or passports … Continue reading

Posted in Appendix EU, Brexit, Children, European Union, EUSS, Family Court, Free Movement, Settled Status, Settlement, Windrush | Tagged , , , , , | Leave a comment

Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement

G v G [2021] UKSC 9 (19 March 2021)  The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading

Posted in Appeals, Asylum, Brexit, Child Abduction, High Court, Immigration Rules, Refugee Convention, South Africa, UKSC | Tagged , , , , , , | Leave a comment

No further “exceptional circumstances” test for Zambrano carers in deportation cases

Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 (16 December 2020)  This appeal raised the issue whether a third-country national (TCN) otherwise benefiting from the derivative right to reside within EU territory pursuant to the … Continue reading

Posted in Brexit, CFR, Children, CJEU, Court of Appeal, European Union, Jamaica, UKSC | Tagged , , , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Pakistani criminal who renounced British citizenship loses deportation appeal

Zulfiqar (‘Foreign criminal’: British citizen) [2020] UKUT 312 (IAC) (11 September 2020)  The Upper Tribunal has found that the meaning of “foreign criminal” is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. … Continue reading

Posted in Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Deportation, Immigration Act 2014, Immigration Rules, Nationality, Nikah, Pakistan, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Pakistan and Child Abduction: Lahore High Court holds ‘Hague Convention is not an extradition treaty’

Pakistan is notorious for child abduction. In the case of Sumayyah Moses v SHO and Others (Writ Petition No. 74048 of 2019) PLD 2020 Lahore 716, the Lahore High Court explained that the Hague Convention on the Civil Aspects of International … Continue reading

Posted in Cases, Child Abduction, Children, Citizenship and Nationality, Court of Appeal, Expert Evidence, Extradition, Families, Family Court, Foreign law, Habitual Residence, Hague Convention, Inherent Jurisdiction, Islam, Judicial Review, Lahore High Court, Nationality, Pakistan, South Africa | Tagged , , , , , , | Leave a comment

Lahore High Court ruling on Pakistan and Child Abduction

In Abid Hussain (Petitioner) v Rukhsana Munir and others (Respondents) 2020 YLR 1533 Lahore, Miss Aalia Neelum J directed Pakistan’s police authorities to produce two Dutch girls of Pakistani origin, who had been abducted by their own mother and then taken … Continue reading

Posted in Child Abduction, Children, Citizenship and Nationality, Divorce, Families, Family Court, Habitual Residence, Hague Convention, Judicial Review, Lahore High Court, Netherlands, Pakistan | Tagged , , , , , , | Leave a comment

“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases

AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020)  The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading

Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

High Court of Sindh on Pakistan and the Hague Convention

The case of Mst Farhat (Petitioner) v Umair Hanif Ghanchi and Others (Respondents) 2019 CLC 1311 Sindh is an early example of the High Court of Sindh grappling with the issues connected to the Hague Convention on the Civil Aspects of … Continue reading

Posted in Child Abduction, Children, Dubai, Family Court, Hague Convention, International Law, Interpol, Islam, Karachi, Pakistan, Spouses | Tagged , , , , , , | Leave a comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Principles and practice of adoption law in Pakistan

Pakistan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 and adopting a child in Pakistan is a long, difficult, and legally-complex process. Observably, the Guardians and Wards Act 1890 governs … Continue reading

Posted in Adoption, Adoption Convention, Cases, Children, Habitual Residence, Human Trafficking, International Law, Karachi, Pakistan, United States | Tagged , , , , , , , | Leave a comment

How do Pakistani courts approach child abduction cases?

What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading

Posted in Child Abduction, Children, Families, Forced marriage, Guardianship, Hague Convention, Islam, Lahore High Court, Muslims, Pakistan, Racism, Scotland, Spouses | Tagged , , , , , , | Leave a comment

US accepts Pakistan’s accession to the Hague Convention

On 22 December 2016, Pakistan deposited its instrument of accession in relation to the Hague Convention on the Civil Aspects of International Child Abduction 1980. This made Pakistan the 96th Contracting State to the Convention which entered into force for Pakistan … Continue reading

Posted in Child Abduction, Children, Family Court, Guardianship, Habitual Residence, Hague Convention, International Law, Lady Hale, Pakistan, UKSC, USSC | Tagged , , , , , , , , | Leave a comment

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment

NRPF regime breaches Article 3 of the ECHR and is unlawful

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading

Posted in Article 3, Children, COVID-19, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, NRPF, UKSC | Tagged , , , , , | 2 Comments

Upper Tribunal: Policy on fee waivers is unlawful 

In R (otao Dzineku-Liggison) v SSHD [JR/2249/2019], the UT held that the Home Office’s policy on fee waivers, namely the Fee Waiver: Human Rights-based and other specified applications, version 3.0 (dated 4 January 2019), is unlawful. UTJ Blundell took the … Continue reading

Posted in Article 3, Article 8, Cases, Children, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Rules, Judicial Review, Removals, Tribunals | Tagged , , , , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment