Tag Archives: ECHR

Algerian father of five British children loses deportation battle 

OH (Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)  The Court of Appeal has held that in considering a challenge to the deportation of a foreign national offender under section 117C of … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Immigration Rules | Tagged , , , , , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

Posted in Appeals, Article 8, Asylum, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Proportionality, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Regulations give effect to Kafala judgment in SM (Algeria)

The Immigration (European Economic Area) (Amendment) Regulations 2019, which came into force on 15 August 2019, amend the Immigration (European Economic Area) Regulations 2016  (“the 2016 Regulations”) and give effect to the judgment of the Court of Justice of the … Continue reading

Posted in Adoption, Article 8, Citizens Directive, CJEU, ECHR, Entry Clearance, European Union, Free Movement | Tagged , , , , , | Leave a comment

Systematic failure: Immigration bail hearings 2019, the view from Taylor House

The UK is the only country in Europe without a time limit on detention for immigration purposes, despite pressure from numerous campaigns. The burden is therefore on the applicant to show why he should be allowed out on bail while … Continue reading

Posted in Article 5, Article 8, Bail, Detention, ECHR, HOPOs, Human Rights, Tribunals | Tagged , , , | Leave a comment

Court of Appeal reopens appeal to avoid real injustice

Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 (22 August 2019) Hickinbottom LJ recently granted an application pursuant to rule 52.30 of the Civil Procedure Rules and allowed an Indian national’s appeal. His Lordship … Continue reading

Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Public Interest, Tier 4, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Jamaican father of six British children loses in Court of Appeal 

The Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 (11 July 2019) This is another tale of a father with six British children who lost his case in the Court of Appeal. Floyd, Hickinbottom … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Rules, Jamaica, Public Interest, UKBA 2007 | Tagged , , , , , , , | Leave a comment

Does EIG satisfy Dublin III on detaining asylum seekers? 

In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading

Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC | Tagged , , , , , , , | Leave a comment