Tag Archives: Criminal Offences

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

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

No presumption favouring revocation of deportation order after 10 years says Court of Appeal

EYF (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 592 (11 April 2019) In relation to the proper construction of paragraph 391(a) of the Immigration Rules, which concerns the continuation of deportation orders in relation to … Continue reading

Posted in Asylum, Cases, Court of Appeal, Deportation, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Turkey | Tagged , , , , , | Leave a comment

Second human rights claim does not automatically trigger right of appeal says Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019) In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Deportation, ECHR, Human Rights, Immigration Act 2014, Immigration Rules, Public Interest, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal overrules Portuguese national’s deportation

Lopes v Secretary of State for the Home Department [2019] EWCA Civ 199 (26 February 2019) Sir Stephen Richards and Davis and Simon LJJ have recently overruled a Portuguese national’s deportation by holding that when determining whether the First Tier Tribunal … Continue reading

Posted in Citizens Directive, CJEU, Court of Appeal, European Union, Free Movement, Proportionality, Tribunals | Tagged , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Seven Year Rule: Child-Centred Decision By Supreme Court

KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018) The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, Deception, ECHR, Families, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Removals, s 55 BCIA, UKSC | Tagged , , , , , , , , | 1 Comment