In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter
In GP and others (South Korean citizenship) North Korea CG [2014] UKUT 391 (IAC) the tribunal concludes, to cut a long story short, that North
Official headnote from Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC): Whilst it may be that in the Family Court jurisdiction prior to the coming
Official headnote for MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC): (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that
In a fresh batch of cases from the reporting committee, two of those cases address the question of how grounds should be drafted, what constitutes
In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a
The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant
The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death
Rather harsh but perhaps inevitable decision by Mr Justice Haddon Cave on a student left in the lurch when the start date for her course
The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues
The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both
Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted
The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary
Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after
No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by
In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy
In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to
In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by
R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public
Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the
Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers
Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman
In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that
Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin)
In a big win for legal aid lawyers and their clients, the High Court has held to be unlawful the refusal of legal aid in
The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The
In the fine case of Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC) the Upper Tribunal holds that the requirement in paragraph 352AA for partners of
The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It
This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for
If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated
Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had
A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has
UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield
Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the
The Supreme Court has allowed the Secretary of State’s appeal against the Court of Appeal judgment in the case of R (on the application of
In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal
Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC) is a new case from the Upper Tribunal on the vexed issue of
The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’
The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled
Important grant of permission from the Court of Appeal in six linked cases addressing issues arising from D and N cases at Strasbourg and subsequent
In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds that the appellant was ill and stating that they had been unable...
Official headnote from Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC): Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was always the possibility of a parent making a fresh application...
Official headnote for MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC): (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon...
In a fresh batch of cases from the reporting committee, two of those cases address the question of how grounds should be drafted, what constitutes an error of law and when permission should be granted. One of the cases concerns an appeal by a claimant and the other an appeal...
In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a family visitor. The case is Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) and it is extremely...
The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant annualised drop in the number of security incidents … the most likely development is that the levels of violence will either continue to reduce or...
The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based System as a tool for objective decision making. On appeal, the tribunal holds that s.85A of the Nationality,...
Rather harsh but perhaps inevitable decision by Mr Justice Haddon Cave on a student left in the lurch when the start date for her course was changed at the last minute. International students really do get a raw deal from the rigidities of our increasingly absurd immigration system. The official...
The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues in immigration and asylum law still out there on which judges, lawyers and litigants need guidance and that the tribunal is able to turn its...
The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attending in person. It is a sort of literal version...
Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reached the Upper Tribunal, the withdrawal of decision did not automatically...
The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but the cases illustrate well the stark differences between domestic and EU...
Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for men. The determination of AT...
No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by Parliament) and unlawfully discriminatory. The judgment includes some choice wording. What follows are the words of the judgment, but with some missed out. You can...
In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and concluded that it ‘carries with it too high...
In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to review a decision to refuse to register as a British citizen a 14-year-old who had been settled with Indefinite Leave to Enter the...
In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert witnesses to comment on particular findings made by...
R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the Immigration Rules at Appendix FM paragraph D-LTRPT 1.2 in December 2012. The argument applies equally to paragraph 276BE....
Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential flexibility’ in a trio of cases: Durrani (Entrepreneurs:...
Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 Free Movement write up and prediction here. And an update from Paul Richardson, Counsel for Mr Haleemudeen:
...Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the...
Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on any view bad news, there is much in it to consider. In a carefully reasoned and frankly impressive decision the...
The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly revealed here on Free Movement. It is a chance for the Supreme...
In the fine case of Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC) the Upper Tribunal holds that the requirement in paragraph 352AA for partners of refugees seeking entry clearance for living together in a relationship akin to either a marriage or a civil partnership which has subsisted for...
The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It is another example of an applicant with a driving conviction who ticked the ‘no’ box to the question about previous convictions standard on...
This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was clearly answered by the Supreme Court in the case of Alvi v SSHD [2012] 1 WLR 2208, and...
If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for which they are intended. Source
...A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely complex needs. For the last five years she has received highly specialised medical treatment and has attended a special school...
UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 The facts of Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 reveal another of those...
Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such contracts to be evidenced in documentary form. The Home Office...
The Supreme Court has allowed the Secretary of State’s appeal against the Court of Appeal judgment in the case of R (on the application of Fitzroy George) v Secretary of State for the Home Department [2014] UKSC 28. The Court of Appeal’s judgment was previously covered here on Free Movement....
In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, making the case something of a legal...
Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC) is a new case from the Upper Tribunal on the vexed issue of immigration applications the Home Office considers to be invalid. The tribunal takes the view that a Home Office decision that an application is invalid cannot...
The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’ raids on public transport hubs, the targeting of foreign students, the increasingly demented bureaucracy of the immigration rules and the harsh family migration rules are...
The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that date: they do not. Specifically,...
Important grant of permission from the Court of Appeal in six linked cases addressing issues arising from D and N cases at Strasbourg and subsequent treatment by the UK courts. For some legal background see this earlier blog post. In granting permission Maurice Kay LJ says: I have indicated that...
