Pre entry English tests upheld
16 December 2011
3 Comments
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
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
NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 This case concerned a challenge to the decision of the SSHD
In a judgment handed down yesterday HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section
UPDATE: SEE LATEST POST. In a judgment just handed down the Supreme Court has by a majority dismissed the Home Secretary’s appeal against the Court
In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011)
I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the
The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important
I’m a bit behind on tribunal determination updates, but here’s the latest batch of diktats reported cases. The first is interesting, the others somewhat less so, in
Pierce Glynn and Stephen Knaffler QC have broadened the path (pun intended*) with SL and Westminster City Council (The Medical Foundation and Mind intervening) [2011] EWCA Civ
Mark Symes has posted an article over at the HJT Immigration Blog on a new case from the Court of Appeal on the ‘second appeal
The Court of Appeal has given judgment in an extremely important new case on costs, R (on the application of Bahta & Ors) v Secretary
Another series of edictsreported cases has been handed down by the Upper Tribunal. Official headnotes and links to the BAILII judgments are included below. I’ve
The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a
[UPDATE: SEE HERE FOR OUTCOME OF CASE] Tune in to Supreme Court Live! on the web for live coverage provided by Sky News of the
The Supreme Court yesterday handed down judgment in the case of Shepherd Masimba Kambadzi v SSHD [2011] UKSC 23, in the Court of Appeal known as SK (Zimbabwe)
Quick heads up for an interesting post by Mark Symes on the HJT Training blog. In the recent case of Amos v Secretary of State
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was
The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011]
A raft of cases has come out in the last week or so, so it is high time for a round up. I’ll start with
In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful
Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the
Firstly, I should apologise for getting behind with my updates. I have nominally been on holiday this last week and my internet connection, perhaps fortuitously
The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of
A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners.
The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It
In a judgment just out, Zambrano v ONEm Case C-34/09 the EU Court of Justice seems to have held that the parents of a child who
Mr Justice Collins has rejected a claim for damages by an asylum seeker who was kept waiting for over a year for a decision on
The Upper Tribunal has finally referred the vexed question of the rights of ‘other family members’ (or ‘extended family members’ in the domestic EEA regulations)
This is a problem that has been addressed previously on the blog: what can be done when a person makes an immigration application but for
An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings –
Quick alerter post, to be amended later: judgment in R (on the application of Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ
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...
NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 This case concerned a challenge to the decision of the SSHD to remove the Claimant, and her infant daughter, to Latvia on Third Country grounds. The challenge failed but the Court made some important comments in...
In a judgment handed down yesterday HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 following the guidance of the Supreme Court in the landmark case of ZH (Tanzania) v Secretary...
UPDATE: SEE LATEST POST. In a judgment just handed down the Supreme Court has by a majority dismissed the Home Secretary’s appeal against the Court of Appeal’s ruling in the case of Quila v Secretary of State for the Home Department [2011] UKSC 45 (on appeal from [2010] EWCA Civ...
In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011) John Howell QC, sitting as a deputy judge of the High Court, held that the entire period of detention of an Algerian man was unlawful,...
I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the information is public, but there is some suggestion in the...
I’m a bit behind on tribunal determination updates, but here’s the latest batch of diktats reported cases. The first is interesting, the others somewhat less so, in that they do not seem to have a great deal of broader application. The reporting of the Khalid and Others case seems downright...
Pierce Glynn and Stephen Knaffler QC have broadened the path (pun intended*) with SL and Westminster City Council (The Medical Foundation and Mind intervening) [2011] EWCA Civ 954. The case concerns a failed asylum seeker who, following a period as street homeless and a suicide attempt, was admitted to hospital...
The Court of Appeal has given judgment in an extremely important new case on costs, R (on the application of Bahta & Ors) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 (26 July 2011). It specifically concerns the UK Border Agency and legally aided...
Another series of edictsreported cases has been handed down by the Upper Tribunal. Official headnotes and links to the BAILII judgments are included below. I’ve also thrown in another couple of cases that slipped out since the last big batch. We have two Country Guideline cases. The first, ST, is...
The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple of cases on the availability of funds in Tier...
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the judgment here (Word version here, BAILII version...
The Supreme Court yesterday handed down judgment in the case of Shepherd Masimba Kambadzi v SSHD [2011] UKSC 23, in the Court of Appeal known as SK (Zimbabwe) v SSHD [2008] EWCA Civ 1204. For reference, the original High Court judgment by Mr Justice Munby, as he then was, can...
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on the Citizens’ Directive (2004/38)...
The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011). All three judges lament the fact that they have to remit the case back to the tribunal for...
In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful to detain foreign prisoners under a secret policy which was the precise reverse of the publicly declared policy. However, the Court declined to award any...
Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase in the spouse visa age...
Firstly, I should apologise for getting behind with my updates. I have nominally been on holiday this last week and my internet connection, perhaps fortuitously for my holiday, died unexpectedly half way through. Briefly, we have seen a major judgment from the Supreme Court on detention issues and a major...
The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law and the future of unconditional European Union citizenship rights. Free movement law historically and conceptually depended on two elements: facilitating...
A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners. R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 concerns age dispute assessments and has set further guidance on a) how procedurally speaking...
The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only on Zimbabwean asylum claims but also on dealing with cases where children have been resident for seven years or...
The Upper Tribunal has finally referred the vexed question of the rights of ‘other family members’ (or ‘extended family members’ in the domestic EEA regulations) to the European Court of Justice. The reference was made by Mr Justice Blake, the President of the Immigration and Asylum Chamber. The questions are...
This is a problem that has been addressed previously on the blog: what can be done when a person makes an immigration application but for technical legal reasons is not granted a right of appeal to the tribunal? See this previous post. The problem has now been addressed in two...
An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribunal confirmed the currency of the earlier Court of Appeal of...
Quick alerter post, to be amended later: judgment in R (on the application of Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161 is now available on BAILII and it looks like Mirza will follow soon. They were heard as conjoined appeals. The outcome of Mirza...