Tag Archives: UK Supreme Court

Section 117B(6) after KO (Nigeria): Presidential panel allows dishonest Turkish mother’s appeal

JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC) (15 February 2019) The Supreme Court’s decision in KO (Nigeria) [2018] UKSC 53 (discussed here) was a seminal judgment. Yet it was seen as “deeply unsatisfactory” in some … Continue reading

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

Second human rights claim does not automatically trigger right of appeal says Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019) In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Deportation, ECHR, Human Rights, Immigration Act 2014, Immigration Rules, Public Interest, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Free Movement and Kafala: CJEU Judgment in SM (Algeria)

SM (Enfant place sous kafala algerienne) (Citizenship of the European Union – “Direct descendant” – Judgment) (C-129/18, EU:C:2019:248) The CJEU has confirmed AG Campos Sánchez-Bordona’s opinion that a child in the guardianship of an EU citizen under the kafala system … Continue reading

Posted in Adoption, Article 8, Brexit, CFR, Children, Citizens Directive, CJEU, ECHR, ECOs, Entry Clearance, European Union, Families, Free Movement, Guardianship, UKSC | Tagged , , , , , | Leave a comment

AG Campos Sánchez-Bordona: Kafala children are not direct descendants but are other family members

SM v Entry Clearance Officer, UK Visa Section (C-129/18, EU:C:2019:140) In response to the reference made by the Supreme Court in SM (Algeria) [2018] UKSC 9 (see here), AG Campos Sánchez-Bordona advised the CJEU to declare that a child in the … Continue reading

Posted in Adoption, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Free Movement, Lady Hale, UKSC, UNCRC | Tagged , , , , , , , | Leave a comment

Supreme Court allows tortured Tamil asylum-seeker’s appeal

KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10 (6 March 2019) In a recent judgment given by Lord Wilson the Supreme Court unanimously allowed KV’s appeal, remitting the matter to the UT for fresh … Continue reading

Posted in Appeals, Asylum, Medical Cases, Persecution, Refugee Convention, Sri Lanka, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Should Shamima Begum be allowed to return home?

After running away from Bethnal Green with her school friends Amira Abase and Kadiza Sultana three years ago, Shamima Begum, the ISIS bride deprived of British citizenship, is stuck in limbo with her son who was born in the al-Hawl refugee … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Deprivation of Citizenship, ECHR, Families, Immigration Act 2014, Lady Hale, Persecution, Politics, Statelessness, UKSC | Tagged , , , , | 4 Comments

No death penalty assurance is necessary for ISIS ‘Beatles’

R (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019) In a rolled-up hearing, Lord Burnett LCJ and Garnham J granted permission for judicial review in these proceedings but their Lordships dismissed … Continue reading

Posted in Article 3, Article 8, CFR, ECHR, Human Rights Act, International Law, Iran, Judicial Review, Politics, Rule of law, Terrorism, UKSC | Tagged , , , , , | Leave a comment