Tag Archives: Tribunals

Pending Case NA (C-115/15): Four Questions For CJEU

European Union (EU) law can be potent stuff; its spectacularly emollient effects are totally life-changing for beneficiaries. Conversely, the abrasive national rules are fraught with treachery and only the fit survive. Impossible things are possible for illegal entrants under the regulations … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Human Rights, Immigration Rules, Karachi, Pakistan, Permanent Residence | Tagged , , , , , , , | 1 Comment

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | 1 Comment

Article 8 and Public Interest Considerations: Key Features

Dube (ss. 117A-117D) [2015] UKUT 90 (IAC) (24 February 2015) This was the Home Office’s appeal against the decision of First-tier Tribunal where the judge upheld Dube’s appeal in relation to being refused indefinite leave to remain. Dube was a … Continue reading

Posted in Article 8, Immigration Act 2014, Proportionality, Public Interest, Zimbabwe | Tagged , , , | Leave a comment

An Afterthought on Private Life

Bossadi (paraagraph 276ADE; suitability; ties) [2015] UKUT 42 (IAC) (28 January 2015) This case concerned a national of the Democratic Republic of the Congo (DRC), one Mr Bossadi, who had been convicted more than half a dozen times for committing … Continue reading

Posted in Article 3, Article 8, Asylum, Human Rights Act, Immigration Act 2014, Immigration Rules | Tagged , , , | Leave a comment

President Gives Home Office Some Stick

MR (permission to appeal: Tribunal’s approach) Brazil [2015] UKUT 29 (IAC) (19 January 2015) In this case, MR, the respondent, a thirty three year old Brazilian mother, applied for a derivative residence card pursuant to the Immigration (European Economic Area) … Continue reading

Posted in Appendix FM, Asylum, Cases, Citizens Directive, CJEU, Tribunals | Tagged , | Leave a comment

Deception: Entry Clearance and the Meaning of ‘False’

Begum (false documents and false statements) [2015] UKUT 41 (IAC) (8 December 2014) Despite having visited the UK in the past, Mehmooda Begum, a Pakistani, was refused a visa to visit her son and daughter-in-law. She was not found to … Continue reading

Posted in ECOs, False Statements, Immigration Rules | Tagged , , | Leave a comment

Article 8 and Terrorism: Construing Words Sensibly

YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014) Earlier in the month, the Court of Appeal (Aikens LJ, Sir Colin Rimer & Sir Stanley Burnton) unanimously allowed an appeal on article … Continue reading

Posted in Article 3, Article 8, Deportation, Immigration Act 2014, Immigration Rules, Islam, Terrorism | Tagged , , , | Leave a comment