Tag Archives: ILR

False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading

Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

DVILR breaches Article 14 of the ECHR 

AM, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2591 (Admin) (14 October 2022) In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain … Continue reading

Posted in Appendix FM, Article 14, Children, Domestic Violence, ILR, Immigration Rules, Judicial Review, Karachi, Pakistan, Spouses, TMA, UKSC, Women | Tagged , , , , , | Leave a comment

SSHD can cancel ILR held by a person outside the UK

R (C1) v Secretary of State for the Home Department [2022] EWCA Civ 30 (19 January 2022) According to the Court of Appeal, section 3B of the of the Immigration Act 1971 and article 13(7) of the Immigration (Leave to Enter and … Continue reading

Posted in Appeals, Cancellation, ILR, Iran, Judicial Review | Tagged , , , , | Leave a comment

Court of Appeal: De facto adoption rules seem to be irrational

R (AK & Ors) v The Entry Clearance Officer (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021) In these proceedings concerning an application for permission to appeal, the court commented, but it did not decide, that there is … Continue reading

Posted in Adoption, Adoption Convention, Afghan War, Appeals, Article 14, Article 8, Asylum, Children, Court of Appeal, ECOs, Entry Clearance, Families, Immigration Rules, Judicial Review, Refugee Convention, Settlement, Spouses, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Time spent in the UK as a visitor counts as ‘residence’ for ILR

R (Mungur) v Secretary of State for the Home Department [2021] EWCA Civ 1076 (15 July 2021) On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Entry Clearance, Immigration Rules, Judicial Review, Long Residence, Settlement, Students, Tier 4, UKSC, Visitors | Tagged , , , , , , , | Leave a comment

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Appendix FM: SSHD cannot push parent into partner route

R (Khattak) v Secretary of State for the Home Department (“eligible to apply” – LTR – “partner”) [2021] UKUT 63 (IAC) (23 February 2021 Granting judicial review, the UT has held that an applicant is “eligible to apply for leave to … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Fraud and revocation of ILR: Court of Appeal unlocks the door to the finality of unappealed tribunal decisions

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019) The Court of Appeal recently dismissed a Pakistani immigrant’s appeal against the refusal of his judicial review claim challenging the decision to cancel … Continue reading

Posted in Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Proportionality, Settlement, Tribunals | Tagged , , , , , , | Leave a comment

Algerian Jihadist poised for ILR

G v Secretary of State for the Home Department [2016] EWHC 3232 (Admin) (16 December 2016) An “Arab-Afghan” and a Salafist who joined the dreaded Fronte Islamique de Salut (FIS) in 1989, the claimant was an Algerian national who tried … Continue reading

Posted in Algeria, Article 3, Article 8, Asylum, Deportation, ECHR, Employment, Immigration Rules, Politics, RLR, Settlement, SIAC, Terrorism, UKSC | Tagged , , , , , , , , , | Leave a comment

RLR and Irrationality: Settlement for Sikh Separatist

MS (India) v Secretary of State for the Home Department [2016] EWHC 3162 (Admin) (09 December 2016) This intriguing article 1F case concerns a Sikh separatist, or “terrorist” from India’s point of view, seeking a free Khalistān – literally “the … Continue reading

Posted in Article 2, Article 3, Article 8, Asylum, Deportation, ECHR, Immigration Act 2014, India, Politics, Proportionality, Refugee Convention, RLR, Settlement, SIAC, Terrorism | Tagged , , , , , , , , , | Leave a comment

Deportation Order Terminates ILR

George, R (on the application of) v The Secretary of State for the Home Department (SSHD) [2014] UKSC 28 Theresa May, who has vowed to cleanse the UK of the malaise of criminal foreigners, must be delighted with the Supreme … Continue reading

Posted in Article 8, Deportation, Settlement | Tagged , , , , , | Leave a comment