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UKVI News and Updates- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Transparency data: Ukraine Visa Schemes: visa data
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
- Labour government would halt Rwanda deportations from day one, Starmer says
- ‘Cringeworthy’: what people in Dover think of Labour and Keir Starmer – video
- Rebecca Hendin on small boats and the Eurovision song contest – cartoon
- ‘Hard truths’: how far will Starmer push to show Labour has changed?
- Home Office U-turn lets woman stay in UK with husband and son
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Tag Archives: European Union
Court of Appeal disapproves of tribunal’s decision in Capparelli
R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading
Appendix FM leave knocks out Zambrano right of residence
R (Akinsanya & Anor) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024) Eyre J has held that before Brexit, the right to reside in the UK available to carers under the decision in … Continue reading
Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application
Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading
SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal
Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024) The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal … Continue reading
Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances
Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading
Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC
Tagged European Union, Procedural Unfairness, Remittances, Tribunals, UK Supreme Court
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ZH (Tanzania) distinguished by Court of Appeal
L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022) In the case of “L3”, the Court of Appeal held that the SSHD had been entitled to exclude a Libyan national from the UK … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Lady Hale, Libya, Nationality, s 55 BCIA, Terrorism, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, European Union, Expulsion, SIAC, UK Supreme Court, Zambrano
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Wrongfully removed Afghan child wins Francovich damages
QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022) The Court of Appeal has held that a mere declaration was not just satisfaction for the SSHD’s admitted violations of the rights—pursuant to … Continue reading
Court of Appeal: An extended family member must demonstrate continuous dependency on the sponsor
Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220 (09 August 2021) Dismissing this appeal, the Court of Appeal held that in evaluating whether an applicant qualified as an extended family member under regulation 8(2) of the Immigration (European … Continue reading
Posted in Appeals, Article 8, Brexit, Citizens Directive, CJEU, Court of Appeal, Dependants, ECHR
Tagged Article 8, Brexit, CJEU, Court of Appeal, ECHR, European Union
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Limited leave to remain does not knock out a Zambrano claim
R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021) Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the … Continue reading
Posted in Appendix EU, Appendix FM, Article 8, Brexit, Children, CJEU, Court of Appeal, ECHR, European Union, EUSS, Human Rights Act, Immigration Rules, Judicial Review, NRPF, Permanent Residence, UKSC, Zambrano
Tagged Article 8, Brexit, Court of Appeal, ECHR, European Union, EUSS, Immigration Rules, Judicial Review, UK Supreme Court, Zambrano
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“Immigration exemption” from the GDPR is unlawful
R (The Open Rights Group & Anor) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 800 (26 May 2021) The Court of Appeal has decided that that “immigration exemption” paragraph 4 of Schedule 2 … Continue reading
Posted in Access to Justice, Appeals, Article 8, CFR, CJEU, Court of Appeal, ECHR, European Union, GDPR, Hostile Environment, Judicial Review, UKSC
Tagged Article 8, Court of Appeal, DPA, European Union, GDPR, Judicial Review, UK Supreme Court
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Local authority can apply for EUSS settled status for children in care without court approval
W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021) In these proceedings the court was required to determine whether local authorities needed its authorisation to apply for immigration status or passports … Continue reading
Posted in Appendix EU, Brexit, Children, European Union, EUSS, Family Court, Free Movement, Settled Status, Settlement, Windrush
Tagged Brexit, Children, European Union, Passports, Settled Status, Withdrawal Agreement
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Proof, expert evidence and credibility in trafficking cases
MN v Secretary of State for the Home Department [2020] EWCA Civ 1746 (21 December 2020) The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is … Continue reading
Posted in Article 4, Council of Europe, Court of Appeal, ECAT, ECHR, European Union, Expert Evidence, Female Genital Mutilation, Forced marriage, Human Trafficking, Judicial Review, Nigeria, Slavery, UKSC
Tagged Case Law, Court of Appeal, ECHR, European Union, Judicial Review, UK Supreme Court
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Permission to work guidance for asylum seekers is unlawful
R (IJ (Kosovo)) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020) The claimant, “IJ”, was a citizen of Kosovo who was determined to be a refugee and a victim of trafficking. During the … Continue reading
Posted in Article 4, Article 8, Asylum, Costs, ECAT, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judicial Review, Persecution, Working
Tagged Asylum, Case Law, ECAT, European Union, Immigration Rules, Refugee Convention
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No further “exceptional circumstances” test for Zambrano carers in deportation cases
Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 (16 December 2020) This appeal raised the issue whether a third-country national (TCN) otherwise benefiting from the derivative right to reside within EU territory pursuant to the … Continue reading
Posted in Brexit, CFR, Children, CJEU, Court of Appeal, European Union, Jamaica, UKSC
Tagged Brexit, Case Law, Children, Court of Appeal, European Union, UK Supreme Court
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Upper Tribunal says gender terminology respecting the chosen identity of claimants must be used
Mx M (gender identity – HJ (Iran) – (terminology) El Salvador [2020] UKUT 313 (IAC) (22 October 2020) In this case involving an appellant who was a national of El Salvador and who considered themselves a homosexual man when living … Continue reading
Further details of the UK’s new PBS
The UK’s Points-Based Immigration System Further Details July 2020 CP 258 sheds further light on the government’s reconfiguration of the immigration system and it provides information on the requirements of the points-based system (PBS), the salary and skills thresholds for … Continue reading
Posted in Free Movement, Immigration Rules, PBS, Tier 2, Windrush
Tagged Brexit, European Union, Free Movement, Points Based System
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Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national
R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020) The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading
Upper Tribunal: An extended family member must demonstrate continuous dependency on the sponsor
Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020) The appellant, Mr Chowdhury, was a Bangladeshi national who tried to enter the UK as a student with entry clearance for three years. Upon interview at immigration control … Continue reading
Posted in Appeals, Bangladesh, Brexit, CFR, Citizens Directive, CJEU, EUSS, Free Movement, Judicial Review, Tribunals, UKSC
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Tribunals, UK Supreme Court
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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 Article 8, Case Law, Children, Court of Appeal, ECHR, European Union, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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