Tag Archives: Spouses

Undue Harshness and the Public Interest in Deportation

IT (Jamaica) involves the important issue of the weight to be given to the public interest when considering whether a refusal to revoke a deportation order against a foreign criminal would be “unduly harsh” on his British citizen child within the … Continue reading

Posted in Article 8, Automatic Deportation, Children, ECHR, European Union, Families, Immigration Act 2014, Immigration Rules, Jamaica, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

‘Systemic Failure’: Second Appeals and Indemnity Costs

Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 (17 April 2018) This is another addition to Singh LJ’s expanding collection of heads. The new specimen is a Home Office scalp and it rather shamefully involves … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Costs, Court of Appeal, ECHR, Extradition, Families, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, Misconduct, Politics, Proportionality, Racism, Tribunals, UKSC, Windrush | 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

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment

Hague Convention: Supreme Court Confirms the Concept of ‘Repudiatory Retention’ in Child Abduction Cases

Re C (Children)(Abduction: Rights of Custody)[2018] UKSC 8 (14 February 2018) Turning on the controversial subject of child abduction, this case divided the Supreme Court on the outcome on the facts. But otherwise, the Justices concurred on key points of principle … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, CJEU, Court of Appeal, European Union, Families, Hague Convention, Lady Hale, UKSC, Women | Tagged , , , , , , | Leave a comment

Free Movement: ‘Spouse’ Includes Same Sex Spouse

Coman v Inspectoratul General pentru Imigrări (C‑673/16, ECLI:EU:C:2018:2, AG Wathelet’s Opinion) Marriage between persons of the same sex is prohibited under article 277(1), (2) and (4) of the Romanian Civil Code. Relu Adrian Coman – a Romanian – cohabited with Robert Clabourn … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Families, Free Movement, Permanent Residence, Spouses | Tagged , , , , , | Leave a 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