Tag Archives: UK Supreme Court

Upper Tribunal: An extended family member must demonstrate continuous dependency on the sponsor

Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020)  The appellant, Mr Chowdhury, was a Bangladeshi national who tried to enter the UK as a student with entry clearance for three years. Upon interview at immigration control … Continue reading

Posted in Appeals, Bangladesh, Brexit, CFR, Citizens Directive, CJEU, EUSS, Free Movement, Judicial Review, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal interprets section 117D(2) of the NIAA 2002

Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020) The Court of Appeal has held that when determining whether a person had been convicted of an offence … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Judicial Review, Settlement, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

NRPF regime breaches Article 3 of the ECHR and is unlawful

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading

Posted in Article 3, Children, COVID-19, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, NRPF, UKSC | Tagged , , , , , | 2 Comments

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Supreme Court embraces Paposhvili and departs from N

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020)  This appeal provided the Supreme Court the opportunity to consider whether to return a foreign criminal (“AM”) to Zimbabwe would violate his human rights … Continue reading

Posted in Appeals, Article 3, Article 8, Asylum, Court of Appeal, Crime, Deportation, ECHR, Human Rights Act, Medical Cases, Public Interest, Settlement, Tribunals, UKSC, Zimbabwe | Tagged , , , , , , , | Leave a comment

Court of Appeal upholds right to rent checks

Secretary of State for the Home Department v R (otao The Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542 (21 April 2020) Davis, Henderson and Hickinbottom LJJ have held that the statutory scheme (the “right to rent … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Judicial Review, Parliament, Politics, Public Interest, UKSC | Tagged , , , , , , , | Leave a comment

Royal Marine gambler with two sons loses deportation battle

LE (St Vincent and the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020)  The Court of Appeal has held that section 117C(5) of the Nationality, Immigration and Asylum Act 2002 applies … Continue reading

Posted in Afghan War, Appeals, Article 8, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Iraq, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)  In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading

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

“Open for business”: Analysis of the UK’s new PBS 

An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading

Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC | Tagged , , , , , , | 1 Comment

MLA without death penalty assurance breaches the DPA 

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020)  This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading

Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal: Substance not form grounds a family life

Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020)  Sir Ernest Ryder and Bean and King LJJ have held that dependency, in the strict sense provided for in Kugathas [2003] EWCA Civ 31, … Continue reading

Posted in Article 8, Bangladesh, Child Abduction, Children, Court of Appeal, ECHR, Families, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Sedley LJ, Tribunals | Tagged , , , , , , , , | Leave a comment

Human trafficking: Tribunal is not bound by NRM decision

MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 (18 March 2020)  These proceedings in the Supreme Court have resulted in the outcome that when determining an appeal in which it was argued that that removal … Continue reading

Posted in Appeals, Article 4, Asylum, Cases, Children, Court of Appeal, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Judicial Review, Lady Hale, Pakistan, UKSC, Women | Tagged , , , , , , , , , | Leave a comment

False imprisonment: Supreme Court overrules Draga

DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020)  In this important judgment, the Supreme Court overturned the Court of Appeal’s decision in Draga [2012] EWCA Civ 842 … Continue reading

Posted in Access to Justice, Africa, Appeals, Article 5, Asylum, Deportation, Detention, ECHR, Enforcement, Judicial Review, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Supreme Court refuses to take “retrograde step” on the tort of false imprisonment

R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4 (12 February 2020)  The Supreme Court unanimously dismissed the government’s appeal in Jalloh (formerly Jollah) concerning the law on damages for the tort of false imprisonment. The … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Curfew, Detention, ECHR, Human Rights, Judicial Review, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal allows European deportation appeal in part 

Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020)  In a complex deportation appeal against a deportation order based on the deportee’s status as a permanent resident, the Court of Appeal was not … Continue reading

Posted in Citizens Directive, CJEU, Court of Appeal, Culture, European Union, Free Movement, Netherlands, Permanent Residence, Somalia, UKSC | Tagged , , , , , , , | Leave a comment

Registration fees for British citizenship breach section 55 duty

R (PRCBC & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin) (19 December 2019)  The Project for the Registration of Children as British Citizens (“PRCBC”), and two child claimants “O” and “A” brought judicial review proceedings against … Continue reading

Posted in Access to Justice, Article 14, Article 8, Children, ECHR, Human Rights Act, Judicial Review, Proportionality, Settlement, UKSC | Tagged , , , , , , | Leave a comment

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | Tagged , , , , , , , | Leave a comment

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

Brexit: Analysis of Miller and Cherry in Supreme Court

R (Miller/Cherry) v The Prime Minister [2019] UKSC 41 (24 September 2019)  These proceedings concerned a “one-off” issue arising in circumstances unseen in history and unlikely to arise again. The Supreme Court was cautious to emphasise at the outset that these … Continue reading

Posted in Brexit, Cases, Court of Appeal, European Union, False Statements and Misrepresentations, Judges, Judicial Review, Lady Hale, Miller, Parliament, Politics, Prerogative, Rule of law, Sedley LJ, UKSC | Tagged , , , , , | 1 Comment