Tag Archives: Immigration Rules

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

No presumption favouring revocation of deportation order after 10 years says Court of Appeal

EYF (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 592 (11 April 2019) In relation to the proper construction of paragraph 391(a) of the Immigration Rules, which concerns the continuation of deportation orders in relation to … Continue reading

Posted in Asylum, Cases, Court of Appeal, Deportation, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Turkey | Tagged , , , , , | Leave a comment

Section 117B(6) after KO (Nigeria): Presidential panel allows dishonest Turkish mother’s appeal

JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC) (15 February 2019) The Supreme Court’s decision in KO (Nigeria) [2018] UKSC 53 (discussed here) was a seminal judgment. Yet it was seen as “deeply unsatisfactory” in some … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Tribunals, Turkey, UKSC | Tagged , , , , , , , , | Leave a comment

Second human rights claim does not automatically trigger right of appeal says Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019) In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Deportation, ECHR, Human Rights, Immigration Act 2014, Immigration Rules, Public Interest, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

Scottish Perspectives on Paragraph 322(5) and ILR

Oji (Nigeria) v Secretary of State for the Home Department [2018] CSOH 127 The petitioner, or claimant, Mr Collins Oji was a Nigerian national who applied for indefinite leave to remain (ILR) on 19 February 2016 along with his dependent … Continue reading

Posted in False Statements and Misrepresentations, Immigration Rules, Judicial Review, Nigeria, Paragraph 322(5), PBS, Scotland, Tier 1, Working | Tagged , , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments