Tag Archives: UK Supreme Court

‘Full Coverage’: Family Life, Exceptionality and the Rules

The Secretary of State for the Home Department v SS (Congo) & Ors [2015] EWCA Civ 387 (23 April 2015) In these cases relating to the admission of spouses under Appendix FM, the Court of Appeal (Richards, Underhill and Sales … Continue reading

Posted in Appeals, Appendix FM, Article 8, Entry Clearance, Human Rights Act, Immigration Rules, Spouses | Tagged , , | Leave a comment

‘Evidential Flexibility’ in Supreme Court

Imagine that you made a mistake in your immigration application but were later able to fix the problem because of the “evidential flexibility” policy. This issue has vexed both litigants and the courts for quite some time now. On appeal … Continue reading

Posted in Court of Appeal, Immigration Rules, India, PBS, s 19 UKBA 2007, Students, Tier 4, Tribunals | Tagged , , , | 2 Comments

Supreme Court: EU Law Fails Vietnamese Jihadist

Pham v Secretary of State for the Home Department [2015] UKSC 19 (25 March 2015) – read full article on SSRN. In the case of Pham (formerly “B2”), Lord Neuberger PSC, Lady Hale DPSC and Lord Mance, Lord Wilson, Lord Sumption, … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Immigration Act 2014, Politics, Proportionality, Statelessness | Tagged , , , , | Leave a comment

Supreme Court: Jamaica Generally Unsafe for Gay Community

R (Brown (Jamaica)) v Secretary of State for the Home Department [2015] UKSC 8 (4 March 2015) The Home Secretary’s appeal to the Supreme Court, in relation to whether Jamaica should be included on the list of states designated in … Continue reading

Posted in Article 3, Asylum, Homophobia, Judicial Review | Tagged , , , | Leave a comment

Kaleidoscopic Changes in Immigration Rules Continue

Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading

Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors | Tagged , , , | 2 Comments

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

AA (Afghanistan): What is the Scope of the Tracing Duty?

The Supreme Court looks set to hear a trio of Afghan asylum cases next week. The fact that AA (Afghanistan) (Appellant) UKSC 2014/0081 and TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 involve children does not detract from the truly … Continue reading

Posted in Afghan War, Asylum, Children, CJEU, Judicial Review, s 55 BCIA | Tagged , , , | Leave a comment