High Court finds minimum income rules disproportionate and unjustified
5 July 2013
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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
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
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married
The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not
In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in
Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow
Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman)
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that
The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1)
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while
Email in from David Jones at Garden Court Chambers: Just wanted to drop you a line as it has been flagged up to me that
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents
Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84 (IAC) Useful best practice case for practitioners still dealing with old-style maintenance cases, particularly where the sponsor
In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that
The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case
CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC) is important not only as Country Guidance on Zimbabwe but also on the law of
The Upper Tribunal has yet again rejected the government’s contention that new Immigration Rules define and delineate the extent of the United Kingdom’s human rights
Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System
But why chose to report a case when the appellant had no lawyer?
The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation
Litigation is an expensive business, and immigration is a litigious business. As the recent brouhaha around judicial review revealed, the vast majority of judicial review
As part of my catch-up campaign on major cases not yet covered on the blog, I thought it would be helpful to post up some
Following on from the case of Ahmadi ( s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) the Upper Tribunal has (for now) resolved the
The reported Upper Tribunal case of Kalidas (agreed facts – best practice) [2012] UKUT 00327 (IAC) underscores some important points of practice and procedure in
The Upper Tribunal has issued a new Country Guidance case on Ahmadis from Pakistan, the case of MN and others (Ahmadis – country conditions –
The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions
After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David
Following on from Hakemi, the High Court has again scrutinised the leave to remain under the “Legacy” cases, and found the SSHD’s adherence to the
The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for
In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake
I’ve no time for a proper post at the moment but as a filler take a look at a few choice quotes from an interesting
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v
Following on from his learned but — at least on the question of what a judge should actually do— slightly Delphic determination in AG and others
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...
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married to an EU citizen with permanent residence who died after experiencing permanent incapacity to work. This does not apply where the EU citizen acquired permanent...
The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Chambers for the intervener, Coram Children’s Legal Centre...
In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European Court of Human Rights in Singh v Belgium (Application No. 33210/2011) neither justify nor require any departure from the guidance set out in Tanveer...
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in effect, that the Dublin II regulation does not apply to separated children who have claimed asylum. The key conclusion is as follows:...
Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the application of) v SSHD [2013] EWHC 891...
Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman) v Secretary of State for the Home Department [2013] EWHC 1351 (Admin). No names are named this time, at least not so far: In...
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking through my emails on my return from holiday....
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue that non binding ‘policy guidance’...
The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home Office, has found that the correct approach is a two stage one whereby the rules must first be considered and...
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link format’ posts with no real commentary, but I wanted to highlight the case of Farquharson (removal – proof of conduct)...
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated existing Country Guidance case on this group. A new CG case...
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals should ensure where possible that, before forming their opinions, they study any assessments that...
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of up to 3 years imprisonment and/or a...
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the right to manifest one’s religious views at work. The only claimant...
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy. You can access the disclosure here. The policy (but not Jane’s FoI instructions) was very recently covered by the Upper...
In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, when an applicant for asylum who is an unaccompanied minor with no member of...
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively overturning it in what had become a...
CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC) is important not only as Country Guidance on Zimbabwe but also on the law of evidence in the immigration tribunal. The broad effect of the Country Guidance findings are summarised in the headnote, already posted up last week on...
The Upper Tribunal has yet again rejected the government’s contention that new Immigration Rules define and delineate the extent of the United Kingdom’s human rights obligations. The latest case is Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) but it follows on from two other recent determinations,...
The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work applications: the date of the award and whether or not the Tribunal can consider evidence...
Litigation is an expensive business, and immigration is a litigious business. As the recent brouhaha around judicial review revealed, the vast majority of judicial review cases in the High Court and on appeal up to the Court of Appeal and Supreme Court are immigration cases. On top of that are...
Following on from the case of Ahmadi ( s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) the Upper Tribunal has (for now) resolved the perplexing issue of what to do when the Secretary of State combines a refusal to vary leave with a Section 47 removal. This issue is...
The reported Upper Tribunal case of Kalidas (agreed facts – best practice) [2012] UKUT 00327 (IAC) underscores some important points of practice and procedure in the First Tier Tribunal (FTT). The case concerned an appeal before the FTT where it appears to have been agreed between the Appellant and Respondent...
The Upper Tribunal has issued a new Country Guidance case on Ahmadis from Pakistan, the case of MN and others (Ahmadis – country conditions – risk) Pakistan CG [2012] UKUT 00389 (IAC). Shivani Jegarajah and Colin Yeo of Renaissance Chambers (and this blog) were instructed, as were Manjit Gill QC,...
The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Secretary of State for the Home Department [2012]...
After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation and offered to share it with blog readers. Many thanks! The key paragraphs concerning the authentication of the documents...
Following on from Hakemi, the High Court has again scrutinised the leave to remain under the “Legacy” cases, and found the SSHD’s adherence to the policy wanting. In a welcome move last Friday Mr Stephen Morris QC, sitting as Deputy High Court Judge, quashed as unlawful the decision to refuse...
The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers for the extraordinary period of 41 months, or...
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 and concerns the interaction of family and immigration law. The second is R (on the application of George)...
In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest attempt to challenge the requirement that foreign spouses learn English before entering the UK. This challenge is...
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of imprisonment interferes with rights of residence...
Following on from his learned but — at least on the question of what a judge should actually do— slightly Delphic determination in AG and others (Policies; executive discretions; Tribunal’s powers) Kosovo [2007] UKAIT 00082, the Deputy President Mr Ockelton has returned to the issue of dealing with executive discretion...
