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
The Supreme Court considered the best interests principle in the immigration, asylum and nationality context twice during 2013. Both cases continued the trend of the
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another
So says the immigration tribunal in the latest Country Guidance case of QH (Christians – risk )(China) CG [2014] UKUT 86 (IAC).
Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully
In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for
The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of
So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home
For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps
Any asylum practitioner is likely to come across cases where, rather than investigate the merits of an asylum claim, the Home Office seeks to return
There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These
You might be forgiven for thinking that when the United Nations High Commissioner for Refugees has already recognised an individual’s status as a refugee, national
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned
In a new judgment in the case of Reyes v Sweden [2014] EUECJ C-423/12 (BAILII link) the Court of Justice of the European Union has addressed
This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably
When an EU citizen breaks the law of another member state, fundamental questions arise. How should European states treat EU nationals and their family members
Just a short one to observe that the Afghan atheist case is a truly great result. I haven’t myself heard of a case of an
It is sad when a judge tasked with deciding whether a British pensioner should live out his last days with his wife or without comments
MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC) is a corker of a decision from the incoming new President of the Immigration and
Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability
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.
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...
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC), on the subject of procedural fairness amounting...
Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully the distasteful, injudicious and simply impolite phrase “a run of the mill case” is again deployed, albeit this time in the context of a student...
In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for Judicial Review of the Secretary of State’s decision to refuse naturalisation on grounds of ‘good character’. The judgment provides useful judicial comment as to how...
The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements) (IJR) [2014] UKUT 104 (IAC)] now set out how it will deal with the vast majority of judicial reviews in which...
So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organisations” can provide help going underground if need be (para...
For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps because of the impossibility of the task but more likely because resources are being absorbed by the transfer of judicial review into the Upper Tribunal....
Any asylum practitioner is likely to come across cases where, rather than investigate the merits of an asylum claim, the Home Office seeks to return their client to a third country elsewhere in the European Union deemed under the Dublin II Regulation to have prior responsibility for assessing the claim,...
There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These also have wider significance for other public law cases, but immigration law is currently dominating public law litigation, at least by volume, as this widely...
You might be forgiven for thinking that when the United Nations High Commissioner for Refugees has already recognised an individual’s status as a refugee, national decision-makers would ordinarily follow suit. After all, UNHCR has unmatched expertise in refugee status determinations, and its determinations are normally made closer in time and...
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC).
...In a new judgment in the case of Reyes v Sweden [2014] EUECJ C-423/12 (BAILII link) the Court of Justice of the European Union has addressed the question of whether a dependent family member must be involuntarily dependent in order to qualify for free movement rights and how far a...
This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably in this instance it was because of likely public interest in the final outcome rather than the procedural issues arising. It does seem to me,...
When an EU citizen breaks the law of another member state, fundamental questions arise. How should European states treat EU nationals and their family members who have committed crimes? How can the principles of free movement and integration, which are central to the idea of the European Union, be balanced...
Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes “sexual identity disorder”. (2) Homosexuality is regarded by the Turkish army as a sexual identity disorder but the perception of homosexuality in Turkey...
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...
