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UKVI News and Updates- Guidance: Returns preparation: caseworker guidance
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Chelsea flower show hosts garden designed to help survivors of torture
- UK universities report drop in international students amid visa doubts
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
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Tag Archives: Criminal Offences
Court of Appeal: Upper Tribunal must not speculate on facts
Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021) Mr Lowe, a Jamaican national, appealed a decision of the UT to reverse the FTT’s decision to allow his appeal against the refusal … Continue reading
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
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 Article 8, Case Law, Children, Court of Appeal, Criminal Offences, Immigration Rules, Renunciation of Citizenship, Spouses, Tribunals
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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 Article 8, Case Law, Children, Court of Appeal, Criminal Offences, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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“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 Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Nigeria, Tribunals, UK Supreme Court
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Syria returnee’s proceedings do not breach right to fair trial
QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading
Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism
Tagged Article 8, Case Law, Criminal Offences, ECHR, Judicial Review, TEO, Terrorism
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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 Article 8, Asylum, British Nationality, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Refugee Convention, Tribunals, UK Supreme Court
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Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national
R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020) The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading
Shamima Begum wins in Court of Appeal
Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918 (16 July 2020) The Court of Appeal has unanimously held that the only way Ms Shamima Begum, who left the UK for Syria aged only 15 along with her … Continue reading
Posted in Access to Justice, Article 2, Article 3, Article 8, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, ISIS/ISIL, Politics, Public Interest, Syria, Terrorism, UKSC
Tagged British Nationality, Court of Appeal, Criminal Offences, ECHR, Judicial Review, Terrorism, UK Supreme Court
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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
Court of Appeal interprets section 117D(2) of the NIAA 2002
Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020) The Court of Appeal has held that when determining whether a person had been convicted of an offence … Continue reading
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
Supreme Court embraces Paposhvili and departs from N
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020) This appeal provided the Supreme Court the opportunity to consider whether to return a foreign criminal (“AM”) to Zimbabwe would violate his human rights … Continue reading
Posted in Appeals, Article 3, Article 8, Asylum, Court of Appeal, Crime, Deportation, ECHR, Human Rights Act, Medical Cases, Public Interest, Settlement, Tribunals, UKSC, Zimbabwe
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Tribunals, UK Supreme Court
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Court of Appeal upholds right to rent checks
Secretary of State for the Home Department v R (otao The Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542 (21 April 2020) Davis, Henderson and Hickinbottom LJJ have held that the statutory scheme (the “right to rent … Continue reading
Posted in Article 8, Court of Appeal, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Judicial Review, Parliament, Politics, Public Interest, UKSC
Tagged Article 8, Case Law, Court of Appeal, Criminal Offences, ECHR, European Union, Right to rent, UK Supreme Court
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Windrush was avoidable but justice is still being denied
When the Windrush scandal began to surface in 2017, a lot of right wing people argued that the black community and investigative journalists were deliberately blowing things out of proportion to cause problems for Theresa May’s crumbling premiership. Actually, it … Continue reading
Royal Marine gambler with two sons loses deportation battle
LE (St Vincent and the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020) The Court of Appeal has held that section 117C(5) of the Nationality, Immigration and Asylum Act 2002 applies … Continue reading
Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach
Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020) In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading
Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Removals, UK Supreme Court
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MLA without death penalty assurance breaches the DPA
Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020) This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading
Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC
Tagged Criminal Offences, Detention, ECHR, Judicial Review, MLA, Terrorism, UK Supreme Court
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False imprisonment: Supreme Court overrules Draga
DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020) In this important judgment, the Supreme Court overturned the Court of Appeal’s decision in Draga [2012] EWCA Civ 842 … Continue reading
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