Tag Archives: Judicial Review

High Court on British Citizenship and Fact Finding

R (Din) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018) These judicial review proceedings arose out of a trio of refusals – dated 14 July 2016, 16 December 2016 and 22 September 2017 … Continue reading

Posted in Article 6, Cases, Citizenship and Nationality, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, High Court, Human Rights Act, India, Judicial Review, Nationality, Pakistan, Visitors, Women | Tagged , , , , , | Leave a comment

Appeal Rights and EFMs: The Opinion in Banger

AG Bobek’s Opinion, SSHD v Rozanne Banger C‑89/17, ECLI:EU:C:2018:225 Appeal rights in a hostile environment are a profoundly important question. In the case of Banger (Unmarried Partner of British National: South Africa) [2017] UKUT 125 (IAC) a series of questions were referred to … Continue reading

Posted in Appeals, Article 6, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, Judicial Review, OFMs, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Lawful Detention is a Precondition for Granting Bail

B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 (8 February 2018) The case of “B” enabled the Supreme Court to put to rest the theory that continuous lawful detention is not a condition precedent for exercising … Continue reading

Posted in Article 3, Article 5, Bail, ECHR, Immigration Act 2016, Judicial Review, Terrorism, UKSC | Tagged , , , , | 1 Comment

Gender Discrimination and Historic Injustice: Law Corrected on British Citizenship through Matrilineal Descent

The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6 (8 February 2018) Women have overwhelmingly borne the brunt of injustice throughout history and discrimination against females has been axiomatic in the sphere of citizenship. The British Nationality Act … Continue reading

Posted in Article 14, Article 8, Citizenship and Nationality, ECHR, Historic Injustice, Human Rights Act, Immigration Act 2014, Judicial Review, Nationality, South Africa, UKSC, Women | Tagged , , , , | 3 Comments

ILR and the Importance of Medical Evidence

R (Gayle) v Secretary of State for the Home Department [2017] EWHC 3385 (Admin) (21 December 2017) This is a case with a “tragic personal history”. Gayle and her son Gary entered the UK on a six-month visitor visa in … Continue reading

Posted in Article 8, ECHR, Human Rights Act, Immigration Rules, Judges, Judicial Review | Tagged , , , | Leave a comment

Brexit: The Miller Judgment

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2017] UKSC 5 Miller is considered to be the most important constitutional case for a generation. The lead claimant Gina Miller means different things to different people. … Continue reading

Posted in Brexit, Cases, CJEU, Constitution, Economy, European Union, Free Movement, International Law, Judicial Review, Miller, Politics, Rule of law, UKSC, Women | Tagged , , , , | 1 Comment

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment