Tag Archives: Court of Appeal

Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza

MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading

Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals | Tagged , , , , , , , , , | 1 Comment

Court of Appeal on Counting Time under the EEA Regulations

Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 (05 July 2018) The Court of Appeal has answered in the negative the question whether a person in a durable relationship with an EEA national holding permanent … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Permanent Residence, Spouses, Tribunals | Tagged , , , , , | Leave a comment

‘Culture Change’: How Fair is Hamid on Steroids?

Culture is a buzzword. Promoting “good culture” is seen as a cure for misconduct. For example, financial regulators blame “bad culture” and the accompanying toxic casino environment for causing the global financial crisis. Thus, financial regulators and banks are very … Continue reading

Posted in Asylum, Cases, Culture, Disclosure, ECHR, Entry Clearance, Judicial Review, Misconduct, Tribunals | Tagged , , , , , , | Leave a comment

What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?

Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Public Interest, Settlement, Students, Tier 2, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Free Movement: Home Office Softens its Stance on Retained Rights of Residence

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 (20 April 2018) In this case the Home Office extraordinarily conceded that for a third country national to retain residence rights in the UK under article 13(2)(a) … Continue reading

Posted in Children, Citizens Directive, CJEU, Court of Appeal, Domestic Violence, European Union, Free Movement, OFMs, Pakistan, Permanent Residence, Spouses | Tagged , , , , , , | 1 Comment

Article 8 After Agyarko: The Correct Approach

TZ (Pakistan) and PG (India) v Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) These appeals were heard after the Supreme Court’s decision in R (Agyarko) [2017] UKSC 11 (see here) which made it … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, India, Pakistan, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | 4 Comments

Undue Harshness and the Public Interest in Deportation

IT (Jamaica) involves the important issue of the weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be “unduly harsh” on his British citizen child within the … Continue reading

Posted in Article 8, Automatic Deportation, Children, ECHR, European Union, Families, Immigration Act 2014, Immigration Rules, Jamaica, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment