Tag Archives: Judicial Review

Illegitimacy and Denial of Nationality at Birth: No Retrospective Application of Human Rights Act

R (Johnson) v The Secretary of State for the Home Department [2016] EWCA Civ 22 (26 January 2016) In yet another a win for the home office, the Court of Appeal (Arden, Laws and Lindblom LJJ) found no violation of … Continue reading

Posted in Article 14, Article 2, Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Human Rights Act, Illegitimacy, Immigration Act 2014, Neuberger PSC | Tagged , , , , , | 1 Comment

Supreme Court: Pre-entry English Tests Are Lawful

R (Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 (18 November 2015) Language, the most common human currency and form of expression, has become central to the great cultural tug-of-war unfolding in British society … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, English Tests, Entry Clearance, Human Rights Act, Immigration Rules, Judicial Review, Lady Hale, Proportionality, UKSC | Tagged , , , , , | 2 Comments

Paragraph 353 is the Gateway to Human Rights Appeals

R (Waqar) v SSHD (statutory appeals/paragraph 353) (IJR) [2015] UKUT 169 (IAC) (25 March 2015) This case exposes the conflict inherent in the system of appeals. Waqar argued that paragraph 353 of the Immigration Rules had been subsumed within the … Continue reading

Posted in Appeals, Crime, Deportation, ECHR, Immigration Act 2014, Immigration Rules | Tagged , , , , | 4 Comments

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