Same-sex spouses should benefit from free movement rights, says CJEU
5 June 2018
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Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18),
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the
The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the
The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 has decided that the appellant was disqualified from refugee
The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on
The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A
Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the
Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier
In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of
In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has
In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative
When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul.
Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of
Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a
MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the
Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in
In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur)
The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but
The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review:
In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is
The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 2004/38 include same-sex spouses. The case is C-673/16 Relu...
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting for three reasons: it summarises various authorities on...
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdle: whether removal is disproportionate. An important question...
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and complex the provisions of the Dublin III regulations...
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedies need to be exhausted. That includes applying for permission for judicial...
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision being promulgated in December 2017, the Upper Tribunal’s Reporting Committee has elected...
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the European Union. The question is whether an EU national who was self-employed before pregnancy and childbirth can rely on...
The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the Free Movement directive, including proportionality and necessity,...
The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 has decided that the appellant was disqualified from refugee status because he had incited terrorist acts in general. There was no requirement for there to be a link between his incitement and...
The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. Its discussion of the concept, while interesting enough, makes no real changes to the law as set down previously by...
The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticising the firm’s preparation of the application...
The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the facts and by using common law legal principles...
Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British Nationality Act 1948 and section 2(1)(a)...
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the court’s judgment deals with the...
Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Court of Appeal held that injunctions against removal...
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual background DW has a number of serious criminal...
In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of a £2,000 fine on it for carrying a man from Germany to the UK who, said the Secretary of State, had failed to produce the...
In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary protection’ if he faces a...
In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative rules, following the judgment in BRITCITS v Secretary of State for the Home Department [2017] EWCA Civ 368. Proving that you have an emotional...
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the Taliban. The second focuses on...
Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? There are two new cases which more or...
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions and mental ill-health Sherif El Gazzaz, an Egyptian national,...
Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a leave curtailment. The case is Tikka v Secretary of State for the Home Department [2018] EWCA Civ 632. The Court of Appeal found that the...
MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, the Court of Appeal has ruled...
Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can successfully claim for damages under the Human Rights Act 1998. The Home Office was appealing a decision from the High...
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the court found that a Nigerian national convicted of drug-related crimes could not prevent deportation by relying on his...
In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising powers of “pastoral” interview. PACE is the law which safeguards the rights of those...
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when deciding whether it is reasonable to expect a child to leave...
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Court of Session granted permission to proceed in Wightman and others...
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens at the Home Secretary’s discretion under section 6 of the British Nationality Act 1981, and invariably they concern criminal convictions (except for one, which...
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life for the purposes of Article 8....
The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is not really important but...
The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration Rule 276B. The court highlighted the tensions between the Home Office policy, the application of the Immigration Rule and the weight that needs to be...
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely reminder that judges are in no mood to deal with haphazard or slapdash appeals...
In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 403 deals with the grant of leave to stateless...
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken place in breach of a High Court order,...
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the EEA Regulations 2006. The Supreme Court has referred...
The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of State’s guidance failed properly to reflect Article 14(1)(a) of...
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57. Detention centres have long been considered the...