This post is a largely academic one for the lawyers and judges amongst Free Movement readers. The latest case in the interminable parade of cases addressing the interaction of Article 8 […]
The Upper Tribunal has promulgated long-awaited guidance on the interpretation of section 117B Nationality, Immigration and Asylum Act 2002. The headnote of AM (S 117B) Malawi [2015] UKUT 260 (IAC) […]
It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. […]
The Conservative Party manifesto includes replacement of the Human Rights Act with a Bill of Rights. We already have a Bill of Rights, so the proposed Conservative version will need […]
In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002, introduced by the Immigration Act […]
Bossadi (paragraph 276ADE; suitability; ties) [2015] UKUT 00042 (IAC) is very short but somewhat less than sweet. A panel of the tribunal tries to row back from the earlier case […]
Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ […]
When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked […]
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with […]
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act […]
In HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409(IAC) (“HM2”) the Upper Tribunal speculated: …we consider that so far as Article 15(c) is concerned the most likely development […]
Lawyers, judges and Home Office officials are all still getting to grips with the effect of the controversial statutory ‘guidance’ to judges on Article 8 introduced by the Immigration Act […]
The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it […]
From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for […]
The Immigration Act 2014 requires judges to take into account certain public interest considerations when deciding immigration cases. Little weight is to be attached to x, the politicians tell the […]
This post is based on an earlier page I made available to Free Movement Members a couple of weeks ago, before Statement of Changes HC 532 took effect. The commencement […]
Today the new out of country deportation appeal provisions of the Immigration Act 2014 came into force, at least in part. The new regime enables the Secretary of State to […]
Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 Free […]
Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on […]
There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry […]
A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely […]
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. […]
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 […]
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”. […]
Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer. They concern life itself and will […]
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 […]
The Court of Appeal has held that a different test applies to children in human rights health cases. These difficult cases involve a person seeking to remain in the UK […]
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 […]
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 […]
The case of Rose Akhalu (health claim: ECHR Article 8) [2013] UKUT 400 (IAC) offers a glimmer of hope to some migrants dependent on health care in the UK facing […]
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 […]
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 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 […]
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 […]
For the second time in as many months, the Employment Appeal Tribunal (EAT) has dismissed a direct discrimination claim brought by a migrant domestic worker against her employer. In this […]
This post by Frances Meyler and Sarah Woodhouse, Co-Directors of the Liverpool Law Clinic, School of Law and Social Justice, University of Liverpool, examines some of the arguments that might […]
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 […]
Not a high number In 2012, 0.48% of cases against the UK succeeded before the European Court of Human Rights. Interesting fact sheet from Strasbourg on UK cases.
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 […]
