Tag Archives: Tribunals

The public interest in deportation has ‘a moveable rather than fixed quality’ holds Court of Appeal

Akinyemi v The Secretary of State for the Home Department [2019] EWCA Civ 2098 (04 December 2019)  The Court of Appeal thinks that it is necessary to approach the public interest in deportation in a flexible manner by accepting that … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Deportation, ECHR, Families, Human Rights, Immigration Rules, Proportionality, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Zambrano carers: The test of compulsion is a practical test

Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019) Addressing the scope of the substance of rights test devised in Zambrano (C-34/09, EU:C:2011:124), whereby a non-member state national (or a third country national “TCN”) … Continue reading

Posted in Appendix EU, Article 8, Brexit, CFR, Citizenship and Nationality, CJEU, European Union, EUSS, Human Rights, Settlement, UKSC | Tagged , , , , , , | Leave a comment

Upper Tribunal demands adherence to proper standards of appellate advocacy

Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC) (8 October 2019)  This case makes a variety of points about the validity of immigration applications, the enjoyment of statutorily extended leave under section 3C of the … Continue reading

Posted in Article 8, Bangladesh, ECHR, Immigration Rules, Judges, Judicial Review, Notices, PBS, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Tortured Tamil refugee wins in Court of Appeal 

RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 (28 October 2019)  The Court of Appeal has held that RS, a Sri Lankan national, who had been detained and tortured by Sri Lankan authorities … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, Politics, Sri Lanka, Terrorism | Tagged , , , , , | Leave a comment

Algerian father of five British children loses deportation battle 

OH (Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)  The Court of Appeal has held that in considering a challenge to the deportation of a foreign national offender under section 117C of … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Immigration Rules | Tagged , , , , , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

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

Systematic failure: Immigration bail hearings 2019, the view from Taylor House

The UK is the only country in Europe without a time limit on detention for immigration purposes, despite pressure from numerous campaigns. The burden is therefore on the applicant to show why he should be allowed out on bail while … Continue reading

Posted in Article 5, Article 8, Bail, Detention, ECHR, HOPOs, Human Rights, Tribunals | Tagged , , , | Leave a comment