Tag Archives: Judicial Review

Immigration Act 2014: New Appeals Regime Rolled Out

Further implementation of the abolition of appeal rights under the Immigration Act 2014 (“the Act”) arrived earlier this month in the form of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (“the Order”). … Continue reading

Posted in Appeals, Article 8, Immigration Act 2014, Immigration Rules, PBS | Tagged , , | 20 Comments

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

Under Zoumbas, Tribunal Cases Can’t Contradict Nagre

Javed & Ors v Secretary of State for the Home Department [2015] EWHC 390 (Admin) (20 February 2015) This judicial review claim concerned a six member Pakistani family. Together with his wife, two sons and two daughters, Mr Javed arrived … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

Pre-entry English Tests for Spouses: ‘Benign Reform’ or ‘Social Engineering’?

A Supreme Court panel consisting of Lord Neuberger, Lady Hale, Lord Kerr, Lord Hughes and Lord Hodge looks set to hear Saffna Abdulla Mohammed Ali and Saiqa Bibi’s cases on 25 February 2015. These proceedings originated as a judicial review … Continue reading

Posted in Article 12, Article 14, Article 8, ECHR, English Tests, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , | Leave a comment

JB (Jamaica): Is Jamaica Safe For Homosexuals?

JB (Jamaica) Case ID UKSC 2013/0162 concerns the persecution of gay people and throws up the thorny question whether the Secretary of State for the Home Department (SSHD) is entitled by section 94(5) of the Nationality, Immigration and Asylum Act … Continue reading

Posted in Article 3, Asylum, Homophobia, Jamaica, Pakistan, Persecution | Tagged , , , , | 3 Comments

Upper Tribunal Gives Judicial Review Warning

Okondu & Anor, R (on the application of) v Secretary of State for the Home Department (wasted costs; SRA referrals; Hamid) IJR [2014] UKUT 377 (IAC) (20 August 2014) With more than a thousand claims being filed very month, the … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments