Supreme Court asks whether a miss is as good as a mile
25 November 2013
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Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number
Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number
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
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 case of Rose Akhalu (health claim: ECHR Article 8) [2013] UKUT 400 (IAC) offers a glimmer of hope to some migrants dependent on health
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
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
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
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
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
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
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
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
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
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
Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing
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
The latest report by John Vine, the Independent Chief Inspector of Borders and Immigration, was published this week. It concerns applications to enter, remain and
Statement of Changes HC 820 was laid before Parliament yesterday, 12 December 2012, to come into effect today, 13 December 2012. You need look no
In the case of R (on the application of Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 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
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial
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 a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by
As the third in a series of blog posts on the radical new July 2012 immigration rules we turn now to the Home Secretary’s attempt to “define”
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
When I attempted to read Kafka’s The Castle I gave up halfway* through on the basis that the castle K strives to reach was a
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
Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which
Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration
The BBC is today reporting that Theresa May intends on Monday to introduce new guidelines telling judges what to think about Article 8 of the
Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of GS (Article 3
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic
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
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
The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of
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 Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication
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.
...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 in order to receive life-saving medical treatment not available in his or her home country. The recent case of Rose...
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 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 removal. These cases can involve people being sent to their country of origin to die an avoidably early and unpleasant...
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 he was to convert to Islam, fearing that their child would be brought up a Muslim not a Christian. The...
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 ‘flagrant breach’ test for determining whether a court process abroad is so dysfunctional that removal to face that process...
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...
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...
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 case and an earlier case, the Claimants were Nigerian nationals who had come to the UK on domestic worker visas...
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 be put forward in an application for an ‘Exceptional Case Determination’. It focuses on articles 6 and 13 of the...
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)...
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...
Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is their role to determine whether or not foreigners who commit serious crimes...
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 latest report by John Vine, the Independent Chief Inspector of Borders and Immigration, was published this week. It concerns applications to enter, remain and settle in the UK on the basis of marriage and civil partnerships and the summary of recommendations is that the UK Border Agency: Assesses all...
Statement of Changes HC 820 was laid before Parliament yesterday, 12 December 2012, to come into effect today, 13 December 2012. You need look no further than the fact that this is the ninth Statement of Changes to the Immigration Rules this year alone if you need to know what...
In the case of R (on the application of Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012) the High Court has held that charging a fee for a human rights based immigration application will itself breach human rights law where the individual...
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...
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will...
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 a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The reason the case was exceptional is that he had previously worked with the British armed forces and been horrendously injured...
As the third in a series of blog posts on the radical new July 2012 immigration rules we turn now to the Home Secretary’s attempt to “define” the right to family and private life under Article 8 of the European Convention on Human Rights, which is incorporated into our...
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...
Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to do this but, for the time being...
Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration tribunal and courts, states that, subject to human rights law (an important proviso), there is a presumption in favour of deportation where the Home Office...
The BBC is today reporting that Theresa May intends on Monday to introduce new guidelines telling judges what to think about Article 8 of the European Convention on Human Rights. Article 8 is the right to a private and family life and is worth quoting in full: 1. Everyone has...
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic worker whose claim for unfair dismissal against her employer had been dismissed by the Employment Tribunal (ET). The ET had held that the contract 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 there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As...
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...
The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be deleted, as predicted here on...
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...
The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can be accessed here. Analysis by Alan Travis of The Guardian can...
