Tag Archives: Removals

Court of Appeal upholds Algeria country guidance for gay men

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)  Lewis, Peter Jackson and Asplin LJJ have dismissed the appeal of Mr YD who alleged that the country guidance in OO (Gay men) … Continue reading

Posted in Algeria, Asylum, Court of Appeal, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Home Office is failing potential victims of human trafficking

DA & Ors v Secretary of State for the Home Department [2020] EWHC 3080 (Admin) (13 November 2020)  In judicial review proceedings brought by an Eritrean and two Sudanese nationals who claimed to be victims of human trafficking, Fordham J held that … Continue reading

Posted in Access to Justice, Arrivals, Article 3, Asylum, Brexit, Detention, Eritrea, Human Trafficking, Judicial Review, Libya, Modern Slavery, Removals, Sudan | Tagged , , , , , , , | Leave a comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

Lahore High Court ruling on Pakistan and Child Abduction

In Abid Hussain (Petitioner) v Rukhsana Munir and others (Respondents) 2020 YLR 1533 Lahore, Miss Aalia Neelum J directed Pakistan’s police authorities to produce two Dutch girls of Pakistani origin, who had been abducted by their own mother and then taken … Continue reading

Posted in Child Abduction, Children, Citizenship and Nationality, Divorce, Families, Family Court, Habitual Residence, Hague Convention, Judicial Review, Lahore High Court, Netherlands, Pakistan | 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

Immigration bail policy is systemically unfair 

R (Humnyntskyi & Ors) v Secretary of State for the Home Department [2020] EWHC 1912 (Admin) (21 July 2020)  In these three conjoined judicial review claims, Johnson J declared that the SSHD’s policy for the provision of accommodation pursuant to … Continue reading

Posted in Article 3, Bail, Court of Appeal, Deportation, ECHR, Immigration Act 2016, Judicial Review, UKSC | Tagged , , , , , | Leave a comment

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment

Court of Appeal confirms £1 flat rate of pay in IRCs is lawful 

Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657 (20 May 2020) Sir Terence Etherton MR and Hickinbottom and Simler LJJ have determined in these proceedings that the … Continue reading

Posted in Article 14, Article 4, Article 8, Court of Appeal, Deportation, Detention, ECHR, Employment, IRCs, Judicial Review, Windrush | Tagged , , , , , , | Leave a comment

Windrush was avoidable but justice is still being denied

When the Windrush scandal began to surface in 2017, a lot of right wing people argued that the black community and investigative journalists were deliberately blowing things out of proportion to cause problems for Theresa May’s crumbling premiership. Actually, it … Continue reading

Posted in Access to Justice, Article 8, COVID-19, Deportation, Immigration Act 2014, Immigration Act 2016, Jamaica, Politics, Windrush | Tagged , , , | Leave a comment

Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)  In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC | Tagged , , , , , , , , | Leave a comment

Home Office sticks to its guns on paragraph 322(5)

In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was “legally flawed” because SSHD decision-makers … Continue reading

Posted in Appendix FM, Appendix V, Court of Appeal, Deception, False Statements and Misrepresentations, Paragraph 322(5), PBS, Settlement, Tier 1 | Tagged , , , , , | Leave a comment

Critical Perspectives on the EU Settlement Scheme

In London you constantly hear a foreign language in the background and foreign workers are in action everywhere. Most of all European people do jobs local people have little appetite for. Boris Johnson promised and guaranteed EU citizens “absolute certainty … Continue reading

Posted in Access to Justice, Appendix EU, Brexit, Citizens Directive, CJEU, Enforcement, European Union, EUSS, Free Movement, Hostile Environment, Immigration Rules, Karachi, Netherlands, Permanent Residence, Politics, Settlement, Somalia | Tagged , , , , , , | 1 Comment

Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK?

Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of rights test, as a “high-water mark” in the CJEU’s jurisprudence. Thereafter, the court began to suffer from “citizenship exhaustion” and the “test was shelved … Continue reading

Posted in Appendix EU, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Families, Immigration Rules, Netherlands, Pakistan, Settlement, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

Court of Appeal holds that a ‘rolling review’ is acceptable

R (Spahiu) v Secretary of State for the Home Department [2018] EWCA Civ 2604 (28 November 2018) Adding to the vast expanse of technical judicial review litigation, this judgment concerns a protracted dispute between a failed asylum-seeker and the Home … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Culture, ECHR, Judicial Review, Removals, Tribunals | Tagged , , , , , , | Leave a comment

Article 8 and Private Life: Supreme Court Confirms Bright-line Interpretation of ‘Precarious’ in Section 117B(5) of NIAA 2002

Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 (14 November 2018) In interpreting the meaning of “precarious” in section 117B(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), whereby little weight should be given to … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Article 8 and Paposhvili: Guidance in GS (India) is Correct

SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 (07 August 2018) The important judgment in Paposhvili v Belgium [2016] ECHR 1113 caused quite a stir when it was delivered. However, its effects … Continue reading

Posted in Article 3, Article 8, Court of Appeal, Immigration Rules, Medical Cases, Precariousness, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment

Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza

MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading

Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals | Tagged , , , , , , , , , | 1 Comment

Article 8 After Agyarko: The Correct Approach

TZ (Pakistan) and PG (India) v Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) These appeals were heard after the Supreme Court’s decision in R (Agyarko) [2017] UKSC 11 (see here) which made it … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, India, Pakistan, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | 4 Comments