Tag Archives: Court of Appeal

Court of Appeal takes a strict stance on adducing new evidence to the Upper Tribunal

Kabir v The Secretary of State for the Home Department [2019] EWCA Civ 1162 (09 July 2019) On the topic of fresh evidence (in the context of deception, false documents, bank statements) the Court of Appeal has held that the … Continue reading

Posted in Bangladesh, Bank Accounts, Banks, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, PBS, Tier 1 | Tagged , , , , , , | Leave a comment

Paposhvili and precedent: SCD patient loses in Court of Appeal 

Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal says ‘kitchen-sink’ approach to the citation of authorities is ‘wholly illegitimate’

Kaur v The Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019) Dismissing a Tier 4 (General) student’s appeal, the Court of Appeal has held that it is “wholly illegitimate” for legal representatives to cite … Continue reading

Posted in Court of Appeal, Culture, Hostile Environment, Immigration Act 2014, Immigration Rules, Judges, Judicial Review, PBS, Removals, Students, Tier 4, Tribunals | Tagged , , , , , | Leave a comment

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Jamaican drug dealer beats Home Office in Court of Appeal

The Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 (12 June 2019) The Court of Appeal has held that FTTJ Burnett had been entitled to hold that the deportation of a Jamaican citizen (JC) … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Settlement, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment