Tag Archives: ECHR

Pakistani with ‘sufficiently reprehensible conduct’ wins ILR

SSHD v MA Khan [2020] UKAITUR HU097412019 (12 March 2020)  Appeals falling within the dreaded paragraph 322(5) genre are usually quite controversial as Tier 1 (General) migrants were seen as an asset to the UK’s economy but many of them cooked up tax … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Rules, Pakistan, Paragraph 322(5), Proportionality, Settlement, Tier 1, Tribunals | Tagged , , , , , | Leave a comment

NAO report: Home Office is not delivering value for money

The report on Immigration Enforcement by the National Audit Office (NAO) makes poor reading for the Home Office because it “does not yet have a full understanding of how its activities affect the progress those people take through each part … Continue reading

Posted in Access to Justice, Appeals, Appendix FM, Article 8, Asylum, Culture, Deportation, Detention, Families, Fees, Hostile Environment, Immigration Rules, NAO, Windrush | Tagged , , , , , | Leave a comment

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

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Judicial Review, Settlement, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal confirms £1 flat rate of pay in IRCs is lawful 

Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657 (20 May 2020) Sir Terence Etherton MR and Hickinbottom and Simler LJJ have determined in these proceedings that the … Continue reading

Posted in Article 14, Article 4, Article 8, Court of Appeal, Deportation, Detention, ECHR, Employment, IRCs, Judicial Review, Windrush | Tagged , , , , , , | Leave a comment

NRPF regime breaches Article 3 of the ECHR and is unlawful

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading

Posted in Article 3, Children, COVID-19, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, NRPF, UKSC | Tagged , , , , , | 2 Comments

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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

Posted in Afghan War, Appeals, Article 8, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Iraq, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

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 , , , , , , | Leave a comment

Court of Appeal: Substance not form grounds a family life

Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020)  Sir Ernest Ryder and Bean and King LJJ have held that dependency, in the strict sense provided for in Kugathas [2003] EWCA Civ 31, … Continue reading

Posted in Article 8, Bangladesh, Child Abduction, Children, Court of Appeal, ECHR, Families, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Sedley LJ, Tribunals | Tagged , , , , , , , , | Leave a comment

Human trafficking: Tribunal is not bound by NRM decision

MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 (18 March 2020)  These proceedings in the Supreme Court have resulted in the outcome that when determining an appeal in which it was argued that that removal … Continue reading

Posted in Appeals, Article 4, Asylum, Cases, Children, Court of Appeal, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Judicial Review, Lady Hale, Pakistan, UKSC, Women | Tagged , , , , , , , , , | Leave a comment

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

Posted in Access to Justice, Africa, Appeals, Article 5, Asylum, Deportation, Detention, ECHR, Enforcement, Judicial Review, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal holds paragraph 276B(ii) and paragraph 322(5) represent discrete tests for refusing ILR

Tahir Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157 (14 February 2020) The appellant, Mr Tahir Yaseen, a Pakistani national, failed to make timely tax returns for the years 2010/11, 2011/12 and 2012/13. He filed … Continue reading

Posted in Article 8, Conduct/Character, Court of Appeal, False Statements and Misrepresentations, Hostile Environment, Immigration Rules, Pakistan, Paragraph 322(5), Public Interest, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Registration fees for British citizenship breach section 55 duty

R (PRCBC & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin) (19 December 2019)  The Project for the Registration of Children as British Citizens (“PRCBC”), and two child claimants “O” and “A” brought judicial review proceedings against … Continue reading

Posted in Access to Justice, Article 14, Article 8, Children, ECHR, Human Rights Act, Judicial Review, Proportionality, Settlement, UKSC | Tagged , , , , , , | Leave a comment

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | Tagged , , , , , , , | Leave a comment

The public interest in deportation has ‘a moveable rather than fixed quality’ holds Court of Appeal

Akinyemi v The Secretary of State for the Home Department [2019] EWCA Civ 2098 (04 December 2019)  The Court of Appeal thinks that it is necessary to approach the public interest in deportation in a flexible manner by accepting that … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Deportation, ECHR, Families, Human Rights, Immigration Rules, Proportionality, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal demands adherence to proper standards of appellate advocacy

Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC) (8 October 2019)  This case makes a variety of points about the validity of immigration applications, the enjoyment of statutorily extended leave under section 3C of the … Continue reading

Posted in Article 8, Bangladesh, ECHR, Immigration Rules, Judges, Judicial Review, Notices, PBS, Tribunals, UKSC | Tagged , , , , , | Leave a comment