Tag Archives: ECHR

Article 8 and Entry Clearance: The Final Nail in the Coffin

Secretary of State for the Home Department v Onuorah [2017] EWCA Civ 1757 (03 November 2017) Notably, the Court of Appeal has confirmed the correctness of its decision in the recent case of Kopoi [2017] EWCA Civ 1511 (see here). … Continue reading

Posted in Appeals, Article 2, Article 8, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Rules, Proportionality, Tribunals | Tagged , , , , , , | Leave a comment

‘Nothing Irrational’ about Abolishing Appeal Rights in Domestic Violence Cases

R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin) (18 October 2017) These judicial review proceedings relate to appeal rights in a hostile environment, domestic violence and indefinite leave to remain … Continue reading

Posted in Appeals, Appendix FM, Article 2, Article 3, Article 8, Domestic Violence, ECHR, Forced marriage, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement | Tagged , , , , , , | Leave a comment

Case Preview: B (Algeria) v SSHD

The respondent “B” entered the UK illegally in 1993. He is probably from Algeria. But since he refuses to identify himself his real nationality is unknown. Earlier this month, the Supreme Court heard the SSHD’s appeal on the issue whether, … Continue reading

Posted in Article 3, Article 5, Bail, CFR, Court of Appeal, Deportation, Detention, Dyson JSC/MR, ECHR, Proportionality, Public Interest, SIAC, Terrorism, UKSC | Tagged , , , , , , | 2 Comments

Appeal Rights and EFMs: The End of Sala

Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) Appeal rights in a hostile environment are a hotly debated topic in immigration law. Enforcement officials are notorious for denying appeal rights … Continue reading

Posted in Appeals, Article 8, CFR, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Immigration Act 2014, Judges, OFMs, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

AG Bot: No Coverage for Mental Illness and Past Torture under the Qualification Directive

The annihilation of the Liberation Tigers of Tamil Eelam (LTTE) came at the cost of widespread human rights abuses and “unacceptably high” civilian casualties if not outright genocide. In MP (Sri Lanka) (C‑353/16, EU:C:2017:795), a reference from the UK Supreme … Continue reading

Posted in Article 3, Asylum, ECHR, European Union, Persecution, Politics, Refugee Convention, Settlement, Sri Lanka, Terrorism, UKSC | Tagged , , , , , , , | Leave a comment

Article 8 and Entry Clearance: Court of Appeal Confirms the Approach in Mostafa

Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017) In this interesting case, the Court of Appeal allowed the ECO’s appeal against the Upper Tribunal’s decision that the relationship between Edna Kopoi and her relatives … Continue reading

Posted in Africa, Article 8, Brexit, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Miller, Proportionality, Tribunals, UKSC, Visitors | Tagged , , , , , , , , | 1 Comment

Article 8 and Entry Clearance: No Obligation under ECHR to Allow Aliens to Pursue a Private Life

Secretary of State for the Home Department v Abbas [2017] EWCA Civ 1393 (28 September 2017) A Pakistani national aged 33, Tahir Abbas made an application for him and his wife and two small children to come to the UK … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Immigration Rules, Lady Hale, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , | Leave a comment