Tag Archives: Immigration Rules

Children’s Rights Are Not Passports Against Deportation

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016) Makhlouf entered the UK in 1997 as the spouse of settled person and was granted indefinite leave to remain in 1999. He was … Continue reading

Posted in Appendix FM, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Proportionality, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court: Iraqi Criminal’s Appeal Dismissed

Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60 (16 November 2016) The linked cases of Hesham Ali (an Iraqi) and Zouhair Ben Belacum Makhlouf (a Tunisian) concern the contentious theme of foreign criminals. Lord Neuberger, … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Iraq, Proportionality, UKSC | Tagged , , , , , , , | Leave a comment

‘Integration’ Calls for a Broad Evaluative Judgment

Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 (11 August 2016) It is nearly impossible to find an immigration judgment at the Court of Appeal level that does not mention any case law at all. … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Immigration Act 2014, Immigration Rules, Public Interest, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

Article 8 and Precariousness: Appendix FM in Supreme Court

These days the Immigration Rules are full of riddles. Applying a gloss on article 8 of the ECHR, wide-ranging rubric under the existing rules incorporates high legal tests such as “insurmountable obstacles”, “exceptional circumstances”, “compelling circumstances” and “exceptionality”. Such phrases dictate the … Continue reading

Posted in Appendix FM, Article 8, Blogging, ECHR, Immigration Act 2014, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , , , , | Leave a comment

‘Unduly Harsh’ is an Ordinary English Expression

MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450 (20 April 2016) These proceedings are about two foreign criminals, a drug dealer (MM, a Ugandan) and a fraudster (KO, a Nigerian). They pour … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, Crime, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Nigeria, Uganda | Tagged , , , , , , | 1 Comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

Article 8 and MIR: Appendix FM in Supreme Court

Despite stiff competition from other cases, these appeals have got to be the showdown of the year. Tearing through the UK’s social fabric the country’s immigration rules are a minefield and have been producing more than their fair share of … Continue reading

Posted in Appendix FM, Article 8, Asylum, Citizenship and Nationality, ECHR, Entry Clearance, Families, Human Rights Act, Immigration Rules, Judicial Review, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , , | 4 Comments