Tag Archives: Judicial Review

‘Sub-optimal’ Supplementary Decision Letters Are Lawful

Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 (20 December 2016) The use of supplementary decision letters is commonplace in immigration judicial review. They are used in various situations in order to cure … Continue reading

Posted in Appendix FM, Article 8, Children, Court of Appeal, ECHR, Immigration Rules, Jamaica, Judicial Review, Nigeria, Tribunals, Visitors | Tagged , , , , , , | Leave a comment

Case Preview: SXH (Appellant) v CPS (Respondent)

SXH (Appellant) v CPS (Respondent) UKSC 2014/0148 relates to an asylum seeker who fled her native Somalia in 2008 because of suffering extreme sexual and physical violence and arrived in the UK in 2009 via Yemen and Holland. “SXH” hails … Continue reading

Posted in Africa, Agents, Article 8, Asylum, Crime, ECHR, Human Rights Act, Judicial Review, Somalia, UKSC | Tagged , , , , , , | Leave a comment

Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful

R (Lauzikas) v Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016) Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Detention, ECHR, Employment, European Union, Human Rights Act, Immigration Act 2014, Notices, Proportionality, UKSC, Working | 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

Supreme Court Dismisses Section 3C Appeals

R (Mirza & Ors) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016) The provisions of the Immigration Act 1971 have haunted the courts for a number of years. Earlier cases such as Alvi and … Continue reading

Posted in Biometrics, Court of Appeal, Fees, Immigration Act 2014, Immigration Act 2016, Immigration Rules, PBS, Students, Tier 1, Tier 4, UKBA 2007, UKSC | Tagged , , , , | 2 Comments

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

Automatic Citizenship Defeats Automatic Deportation

R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56 (19 October 2016) Recently in Bancoult (No 2) [2016] UKSC 35, Lady Hale dissented and dissected the rivaling theories of liberal imperialism (concentrating on good governance) and … Continue reading

Posted in Article 14, Article 8, Automatic Deportation, Citizenship and Nationality, ECHR, Human Rights Act, Immigration Act 2014, Miller, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment