Incompetence, neglect and failure to show due diligence
18 December 2013
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In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about
In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about
One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention
The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national
Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a
Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled
I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department [2013]
The judgment in Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 was handed down this month. It is the latest in
As noted in last week’s lengthy missive, the challenges to removals to Greece continued after the decision of the ECtHR in KRS v United Kingdom
Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a
The Upper Tribunal has listed an appeal to be heard in December in which it intends to give further country guidance about returns to Mogadishu.
The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96%
[UPDATED] In his final judgment in the Court of Appeal, Lord Justice Judge has given some interesting guidance given on the role of the advocate
Family lawyers and courts are blazing a bit of a trail with use of Skype technology for hearing low cost evidence from abroad. In the
An application for entry clearance is made on the date on which payment of the relevant fee is made.
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the
Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way
From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal –
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result
Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law
In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the
Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case
In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from
In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given
Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of
EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania [2013] UKUT 00313 (IAC) Important case on trafficking. Amongst other things, a failure by the Home Office to
Akhtar (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC) New reported tribunal decision on the English language requirements. IELTS scores need to be at B1 or
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains
A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri
Unreported immigration tribunal decisions BAILII now seems to host 37,453 unreported determinations of the immigration tribunal, dating back to 2003. May mean we can finally
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully
In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about the need to get on with things when people are locked up. Hot on the heels of JS (Sudan) v SSHD [2013] EWCA Civ 1378...
One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention while the Secretary of State considers whether an exception to that Act applies. That is to say you can be detained not only while deportation...
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 requires that the First-tier...
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that...
Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number of important points affecting the way in which such Article 8 of the European Convention on Human Rights ‘fallback’ arguments are to be decided.
...A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European...
Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (previous post: “New Sri Lankan Country Guidance“). A copy of the Order granting permission can...
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA national from another Member State based on the right to reside requirement is contrary...
I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin). The challenge to the rules essentially succeeded in the High Court but the Home Office have appealed to the Court...
The judgment in Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 was handed down this month. It is the latest in a series of higher court decisions on the issue of deprivation of citizenship and the first to reach the Supreme Court. Many immigration practitioners are...
As noted in last week’s lengthy missive, the challenges to removals to Greece continued after the decision of the ECtHR in KRS v United Kingdom [2008] ECHR 1781 culminating in the decision that such removals were unlawful in MSS v Belgium and Greece [2011] ECHR 108. The news of the...
Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a day at the Court of Appeal. MF (Nigeria) v SSHD [2013] EWCA Civ 1192 makes clear that the Immigration Rules governing deportation now provide a...
The Upper Tribunal has listed an appeal to be heard in December in which it intends to give further country guidance about returns to Mogadishu. No doubt the case will address the contention long advanced by the Secretary of State that the situation has so improved that the current guidance...
The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96% of cases. The new website includes all of the ‘reported’ decisions by the tribunal and the ‘unreported’ ones after 1 June 2013 (those prior to...
Family lawyers and courts are blazing a bit of a trail with use of Skype technology for hearing low cost evidence from abroad. In the recently reported case of Re ML (Use of Skype Technology) [2013] EWHC 2091 (Fam) Mr Justice Peter Jackson reports on two recent uses of Skype...
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK with one parent where the other...
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with procedure rules and directions. We are, I think,...
Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done so already, I strongly recommend you read...
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decision allowing the two conjoined appeals both by a...
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (New London College Ltd) v Secretary of State for the Home Department [2013] UKSC 51 but it at least provides welcome clarity for...
Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton QC in the Legacy case of R (on the application of Prenga) v SSHD [2013] EWHC 1981 (Admin).
...In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary of State on the basis of an untrue and un-evidenced assertion. Guidance is given to judges (and by extension lawyers) on the correct approach to...
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law alleged in the grounds of appeal could have made a difference to the outcome, permission to appeal should not normally be granted in the absence...
Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn. Outgoing President urges Home Office to engage in litigation at an...
In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from Malaysia after the father said he was to convert to Islam, fearing that their child would be brought up a Muslim not a Christian. The...
In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given guidance on the application of the ‘flagrant breach’ test for determining whether a court process abroad is so dysfunctional that removal to face that process...
Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shivani Jegarajah, Nishan Paramjorthy, Jan Janayagam from Tamils Against Genocide and Dr...
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for refusal. The Entry Clearance Officer had failed to exercise discretion one way or t’other. In this case there was only...
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains the status of a worker in EU law (‘no’, apparently). Includes useful concessions from Home Office on second time job seekers and...
A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). One of the three appellants succeeded on refugee grounds – congratulations to the legal team behind that result, my...
Unreported immigration tribunal decisions BAILII now seems to host 37,453 unreported determinations of the immigration tribunal, dating back to 2003. May mean we can finally track down the decisions The Telegraph uses in its ongoing campaign to stop humans having rights. I’ll add these into the case law feed box...
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the controversial immigration rules requiring a minimum income of at least £18,600 for spouse visa applications are ‘unjustified and disproportionate’ where...
