Tag Archives: Kenya

Government loses bid to lower bar for exclusion of extremists from refugee status

The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)  The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading

Posted in Africa, Al-Shabab, Appeals, Asylum, Court of Appeal, Kenya, Refugee Convention, Somalia, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Passports: Foreign law must be proved by expert evidence

Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC)  CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading

Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

Case Comment: FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC)

Under the common law lies, silences, omissions, misleading statements and false representations all give rise to liability in criminal and civil matters. Immigration matters tend to contain a mixture of both civil and criminal elements when ascertaining a person’s worthiness … Continue reading

Posted in Article 8, Cases, East African Asians, False Statements, Immigration Rules, Kenya, Tribunals | Tagged , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises (see update here) There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to … Continue reading

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 3 Comments

Kenyan constitutional reform: potential problems in Africa’s Asian British citizenship maze

It is entirely possible that Kenyan Asians who were persecuted in Kenya and discriminated against at home in the UK (which denied them their rightful entry into the UK through perverse legislation such as the Commonwealth Immigrants Act 1968) will … Continue reading

Posted in British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | Leave a comment