Tag Archives: UK Supreme Court

‘Insurmountable Obstacles’ and ‘Exceptional Circumstances’ Tests Approved by Supreme Court

Agyarko and Ikuga v SSHD [2017] UKSC 11 (22 February 2017) “Insurmountable obstacles” and “exceptional circumstances” are every day expressions in immigration law but their real meaning has eluded the cleverest of judges. These two cases provided the Supreme Court … Continue reading

Posted in Appendix FM, Article 8, Children, CJEU, Court of Appeal, ECHR, Enforcement, Entry Clearance, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Spouses, UKSC | Tagged , , , , , , , , | 2 Comments

Supreme Court: MIR is Lawful

MM (Lebanon) & Ors v SSHD and Anor [2017] UKSC 10 (22 February 2017) Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court … Continue reading

Posted in Appendix FM, Article 12, Article 14, Article 8, Children, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, MIR, Proportionality, s 55 BCIA, Spouses, UKSC | Tagged , , , , , , , | 1 Comment

Case Preview: SXH (Appellant) v CPS (Respondent)

SXH (Appellant) v CPS (Respondent) UKSC 2014/0148 relates to an asylum seeker who fled her native Somalia in 2008 because of suffering extreme sexual and physical violence and arrived in the UK in 2009 via Yemen and Holland. “SXH” hails … Continue reading

Posted in Africa, Agents, Article 8, Asylum, Crime, ECHR, Human Rights Act, Judicial Review, Somalia, UKSC | Tagged , , , , , , | Leave a comment

Suitability Criteria for Entry Clearance are ‘Rather Clumsy’

Entry Clearance Officer – United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) Entry clearance for a foreign national with significant previous criminal convictions is dealt with under paragraph S-EC.1.4. … Continue reading

Posted in Appeals, Appendix FM, Article 8, Asylum, Children, Deportation, ECHR, Entry Clearance, Immigration Rules, Proportionality, Public Interest, UKBA 2007, UKSC | Tagged , , , , , , | Leave a comment

Algerian Jihadist poised for ILR

G v Secretary of State for the Home Department [2016] EWHC 3232 (Admin) (16 December 2016) An “Arab-Afghan” and a Salafist who joined the dreaded Fronte Islamique de Salut (FIS) in 1989, the claimant was an Algerian national who tried … Continue reading

Posted in Algeria, Article 3, Article 8, Asylum, Deportation, ECHR, Employment, Immigration Rules, Politics, RLR, Settlement, SIAC, Terrorism, UKSC | Tagged , , , , , , , , , | Leave a comment

Supreme Court Dismisses Section 3C Appeals

R (Mirza & Ors) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016) The provisions of the Immigration Act 1971 have haunted the courts for a number of years. Earlier cases such as Alvi and … Continue reading

Posted in Biometrics, Court of Appeal, Fees, Immigration Act 2014, Immigration Act 2016, Immigration Rules, PBS, Students, Tier 1, Tier 4, UKBA 2007, UKSC | Tagged , , , , | 2 Comments

Children’s Rights Are Not Passports Against Deportation

Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59 (16 November 2016) Makhlouf entered the UK in 1997 as the spouse of settled person and was granted indefinite leave to remain in 1999. He was … Continue reading

Posted in Appendix FM, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Proportionality, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment