Country Guidance cases reviewed
16 July 2012
2 Comments
In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just
In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just
Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as
Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and
The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather
In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency
In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the
Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake.
The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on
The case of R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) may change the way in
The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC). This concerns applications
A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month
In the case of R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12 the Supreme Court has
Court of Session upholds an application for judicial review of Upper Tribunal refusal of permission to appeal. The Outer House of the Court of Session
Far too late to be of use to anyone, the Upper Tribunal has held that the controversial commencement of section 85A did not affect appeals
UPDATED AND REVISED Judgment was handed down this morning by the Court of Appeal in a test case on the nature of the second appeals
In the second Court of Appeal judgment from last week in which Zane Malik was Counsel for the Appellant, that of Lamichhane v Secretary of
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of
He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might
This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at
Further guidance has been reported which is applicable to deportation appeals raising Article 8. In Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT
The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month. Naved (Student – fairness –
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of
A new decision from the President of the Immigration and Asylum Chamber of the Upper Tribunal offers relief to work permit holders caught out by
The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country,
Lord Justice Ward is at it again: This is another of those frustrating appeals which characterise – and, some may even think, disfigure – certain
A few reported determinations from late last year have so far escaped comment here. There’s not much to say about these ‘Ronseal’ style determinations. Lest
The Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483 (IAC) has decided that section 55 of the Borders, Citizenship
Despite having already signed off for Christmas, I’ve been sitting waiting all morning to get on at Hatton Cross and decided to catch up on
The Upper Tribunal haven’t hung around in turning their attention to the recent case of Sapkota v Secretary of State for the Home Department [2011]
The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the
What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15
In a substantial judgment running to 149 paragraphs Mr Justice Beatson sitting in the High Court has rejected a challenge to the rule requiring spouses
There are two recent cases to cover on this subject. The first is AJ (India) v Secretary of State for the Home Department [2011] EWCA
Looking at a few recent cases, there seems to be a trend emerging. In the face of over-complex legislation, and poorly-handled applications at the Home Office,
The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See
Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing
In a dense judgment that more than once has caused me to question my will to live the Court of Appeal has held that it
The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards
An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As
The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way
In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out and the legal bigwigs will shortly be decamping to Tuscany, or wherever...
Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings. In Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216 (IAC) the UT had considered the position as...
Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa. The first case of Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216(IAC) is dealt with in this post leaving the second case...
The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather their extradition. In HH, an European Arrest Warrant had been issued in respect of a Polish mother of 5 children, aged between 21...
In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court order made by a competent court in a foreign country. Where such an order is valid on its...
In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In Sawmynaden, the appellant had travelled to the UK on a number of occasions since 2001 in order to visit her...
The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521. AM was unrepresented, her asylum application refused, her...
The case of R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) may change the way in which the Home Office approach ‘historical’ trafficking cases. Y left China, was smuggled into Sweden and then stayed in an unknown country. She was...
The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC). This concerns applications rejected as invalid specifically due to a non-payment of the application fee. We’ve waited too long for some sensible guidance in this area and this...
A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month and has so far escaped reporting here on Free Movement due to other commitments. The case is Mohamed v Secretary of State for the Home...
Court of Session upholds an application for judicial review of Upper Tribunal refusal of permission to appeal. The Outer House of the Court of Session (equivalent to the Administrative Court) has upheld a judicial review of an Upper Tribunal refusal of permission to appeal. As far as is known to...
Far too late to be of use to anyone, the Upper Tribunal has held that the controversial commencement of section 85A did not affect appeals that had already been lodged. The case is Shahzad (s. 85A: commencement) Pakistan [2012] UKUT 81 (IAC). It was heard by a panel including the...
In the second Court of Appeal judgment from last week in which Zane Malik was Counsel for the Appellant, that of Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, the same bench has given another judgment that many migrants will find unhelpful. Essentially, the Court...
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As...
This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died in the IDP camps around Kabul as result of the freezing winter conditions and lack of food. Yet to respond...
Further guidance has been reported which is applicable to deportation appeals raising Article 8. In Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 00046 (IAC) the official head note reads as follows: The following basic principles can be derived from the present case law concerning the issue...
The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month. Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to remain within Tier 4. The SSHD’s sole reason for refusal was...
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion of a foreign national’ criterion (Maslov at...
A new decision from the President of the Immigration and Asylum Chamber of the Upper Tribunal offers relief to work permit holders caught out by a sneaky change to the Immigration Rules in April last year. This topic has been covered here on the blog before, here and here. Before...
The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and gays. The case is LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) and it was reported on...
Lord Justice Ward is at it again: This is another of those frustrating appeals which characterise – and, some may even think, disfigure – certain aspects of the work in the immigration field. Here we have one of those whirligig cases where an asylum seeker goes up and down on...
A few reported determinations from late last year have so far escaped comment here. There’s not much to say about these ‘Ronseal’ style determinations. Lest they be forgotten, though, here are the links and official headnotes: Haque (adjournment for asylum interview) Bangladesh [2011] UKUT 481 (IAC) An Immigration Judge is...
The Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483 (IAC) has decided that section 55 of the Borders, Citizenship and Immigration Act 2009 does not apply to children outside of the United Kingdom, although you might be forgiven for thinking otherwise after reading the...
The Upper Tribunal haven’t hung around in turning their attention to the recent case of Sapkota v Secretary of State for the Home Department [2011] EWCA Civ 1320, which was only reported here on the blog three weeks ago. They have also reviewed the authorities leading up to Sapkota and...
The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the tribunal itself to seek to secure that proper argument and how far the tribunal determination process can morph from an adversarial to an inquisitorial...
What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15 of the Immigration and Nationality Act 2006, which, in February of 2008, created the possibility of a £10,000 penalty to be paid by an employer...
In a substantial judgment running to 149 paragraphs Mr Justice Beatson sitting in the High Court has rejected a challenge to the rule requiring spouses to attain a certain level of English before entry. The case is R (Chapti and Others) v Secretary of State for the Home Department [2011]...
There are two recent cases to cover on this subject. The first is AJ (India) v Secretary of State for the Home Department [2011] EWCA Civ 1191, in which I was Shivani Jegarajah‘s junior, despite my puzzling omission from the court record (must sort that out), and the other is...
Looking at a few recent cases, there seems to be a trend emerging. In the face of over-complex legislation, and poorly-handled applications at the Home Office, the courts are finding alternative routes to success for worthy applicants. No rules are flouted, and no are laws disobeyed. But in response to...
The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See the order here. The case of HM should no longer be followed as paragraph 2 of the order provides that: determination of the IAC...
Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing leave is due to expire. However, it often takes the Border Agency days or weeks to look at the application, by which time the person’s...
The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy. A radical new case is handed down or law is...
An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As the tribunal comes close to saying, it is serendipitous that it should be here where this issue would arise again, after the notorious case of...
The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way it reiterates the centrality of procedural fairness, especially in asylum cases. At the heart of the case is a challenge to an Immigration Judge’s...