Tag Archives: ECHR

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

Student Loans: Settlement Criterion Declared Unlawful

R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 (29 July 2015) Soaring costs, rampant hostility towards foreigners and rigid rules have made the UK an unattractive place to live and study. But should settlement … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, Education, Human Rights Act, Immigration Rules, Lady Hale, Settlement, Students, UKSC | Tagged , , , , , | 1 Comment

Terror Imam: Monitoring Measures Breach ECHR

DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading

Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism | Tagged , , , , , | 1 Comment

Supreme Court: ‘Ravichandran is Sound’

MA and AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40 (24 June 2015) “Aur Sardar Khan tum ko asylum mil giya kya (did you get your asylum Sardar Khan)?” I ask the young Peshawari Afghan … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, Court of Appeal, European Union, Immigration Act 2014, Judicial Review, Terrorism | Tagged , , , , , , | 1 Comment

Stringency and Sensibility under Appendix FM

R (Agyarko & Ors) v The Secretary of State for the Home Department [2015] EWCA Civ 440 (06 May 2015) This is the sequel to the SS (Congo) case analysed in the last post. To do with leave to remain … Continue reading

Posted in Appendix FM, Article 8, Children, Immigration Rules, Judicial Review, Proportionality, Spouses | Tagged , , , , | Leave a comment

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | 1 Comment

‘Messy’ Article 3 and the ‘Obscure Policy of Mercy’

SJ v BELGIUM 70055/10, Judgment (Struck out of the List), (Grand Chamber), 19/03/2015 When she was eight months pregnant, SJ (a Nigerian national born in 1989) claimed asylum in Belgium in July 2007. She contended that she had fled Nigeria because … Continue reading

Posted in Article 3, Article 8, Asylum, Belgium, CFR, CJEU, Court of Appeal, ECHR | Tagged , , , , | Leave a comment