Tag Archives: Criminal Offences

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

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment

Deceptive Criminal from Sierra Leone Triumphs on Citizens’ Directive in Court of Appeal

R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752 (03 November 2017) These judicial review proceedings relate to the refusal of a residence card and the right approach to the validity of deportation … Continue reading

Posted in Appeals, Article 8, Asylum, Citizens Directive, Deception, Deportation, Detention, Entry Clearance, European Union, False Statements and Misrepresentations, Judicial Review, OFMs, UKSC | Tagged , , , , , , , , , , | Leave a comment

AG Szpunar: Permanent Residence is Necessary for Enhanced Protection against Expulsion

In EU Citizenship and Federalism: The Role of Rights, Michal Meduna’s entertaining chapter examines the protection EU citizens enjoy against expulsion as a consequence of scelestus europeus sum or “I am a European offender”. Toying with Sir Francis Jacob’s idea … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Enhanced Protection, Germany, Nationality, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | Leave a comment

Drug Dealing and Deportation: No Sympathy in Strasbourg for Settled Nigerian Criminal

Ndidi v United Kingdom – 41215/14 (Article 8 – Expulsion – Nigeria) [2017] ECHR 781 (14 September 2017) Nicknamed “Bruiser” for “roughing up” his minions in the underworld of drug dealing, Ifeanyi Chukwu Ndidi, a Nigerian, entered the UK aged … Continue reading

Posted in Article 8, Automatic Deportation, Children, ECHR, Human Rights, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judges, Judicial Review, Legal Aid, Nigeria, Proportionality, Public Interest, Refugee Convention, s 55 BCIA, Settlement, Tribunals | Tagged , , , , , , , | Leave a comment

Zambrano Carers: ‘Benefits Tourism’ and EU Law

The right to care is not an express function of the EU Treaties or the law of freedom of movement. Yet under case law even a non-EU citizen primary carer can claim a right of residence on the basis of … Continue reading

Posted in Article 14, Article 8, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Judges, Judicial Review, Miller, Neuberger PSC, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , | 3 Comments

Deportation in Advance of Appeal is Unlawful

R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017) In 2013, as home secretary, Theresa May pledged to her party that foreign criminals with outstanding appeals would no longer be permitted … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Citizens Directive, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Act 2016, Judicial Review, Legal Aid, Ministry of Justice, Neuberger PSC, Proportionality, Public Interest, s 55 BCIA, UKSC | Tagged , , , , , , , , , | 1 Comment