Tag Archives: UK Supreme Court

No Section 83 Right of Appeal for Asylum Decision

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33 (22 June 2016) This case is somewhat academic because it relates to the construction of section 83 of the Nationality, Immigration and Asylum Act 2002. The provision … Continue reading

Posted in Africa, Appeals, Asylum, Immigration Act 2014, Persecution, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , | 1 Comment

Qualification Directive and Previous Torture: What is the Scope of Coverage for Mental Illness?

MP (Sri Lanka) v Secretary of State for the Home Department [2016] UKSC 32 (22 June 2016) Nowadays, the island nation of Sri Lanka is a popular tourist destination. People from all over South Asia, and elsewhere, flock to marvel … Continue reading

Posted in Article 3, Asylum, CJEU, ECHR, European Union, Sri Lanka, Terrorism, UKSC | Tagged , , , , | Leave a comment

Supreme Court on Detention, Deportation and Mental Illness

R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading

Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC | Tagged , , , , , , | 2 Comments

Supreme Court: EU Law Fails ‘Nuisance’ Algerian Criminal

R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 (20 April 2016) Algeria and immigration bring to mind the image of radical Islam. For example, in a decade long deportation battle involving six Algerian men which … Continue reading

Posted in Algeria, Article 3, Article 5, CFR, Citizens Directive, CJEU, Deportation, Detention, ECHR, European Union, Immigration Act 2014, Judicial Review, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

Advocate General Szpunar on Rendón Marín and CS

Strangely enough David Cameron and Theresa May are supporting the UK’s membership of the EU despite their condemnation of the CJEU for usurping the rightful place of Parliament. Masquerading as the “good guys”, they appear less opposed to EU law’s … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, Citizens Directive, CJEU, Deportation, ECHR, Muslims, Pakistan, Politics, Proportionality, Public Interest, Settlement, Terrorism, UKBA 2007, UKSC | Tagged , , , , , , , , , | Leave a comment

Dependent Relatives and Leave to Remain: A Glimmer of Hope?

The Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 (03 March 2016) The inception of the new rules meant that in-country dependent relative applications were abolished so that net migration could be reduced to the … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Dependants, Families, Immigration Rules, India, Pakistan, Proportionality | Tagged , , , , , | Leave a comment

Article 8 and MIR: Appendix FM in Supreme Court

Despite stiff competition from other cases, these appeals have got to be the showdown of the year. Tearing through the UK’s social fabric the country’s immigration rules are a minefield and have been producing more than their fair share of … Continue reading

Posted in Appendix FM, Article 8, Asylum, Citizenship and Nationality, ECHR, Entry Clearance, Families, Human Rights Act, Immigration Rules, Judicial Review, Pakistan, Proportionality, Tribunals, UKSC | Tagged , , , , , , , , , , | 4 Comments