Author: nicknason

nicknason

nicknason

The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken place in breach of a High Court order, with...

26th February 2018
BY nicknason

Immigration policy is decided at a national level, meaning that the rules governing the entry of foreign nationals to the UK are almost entirely the same across the land. The requirements, for instance, to be met by nurses under Tier 2 of the Points Based System are the same in...

3rd November 2017
BY nicknason

Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009, it applied for registration as a Tier 2 sponsor, allowing the organisation to bring in religious workers from abroad. Its experience in R (Sivayogam) v...

31st October 2017
BY nicknason

In 2011, Russell and Ellen Felber set up the award-winning Torridon Guest House in Inverness. It has hundreds of stellar reviews across TripAdvisor and similar sites. The New Yorkers made their home in the Highlands having fallen in love with the area during a holiday there, initially spending £300,000 to...

25th October 2017
BY nicknason

Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero. The issue in these cases concerns the entitlement of European citizens to the ‘enhanced’ level of...

24th October 2017
BY nicknason

Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against Points Based System applications were removed, judicial consideration of the...

24th October 2017
BY nicknason

The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal duty on the Home Office to bring deportation proceedings against any foreign...

13th September 2017
BY nicknason

Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countries) are contained within a European Directive (2004/38/EC of 29...

23rd August 2017
BY nicknason

In Sivapatham (Appearance of Bias: Sri Lanka) [2017] UKUT 293 (IAC) (7 July 2017) frustrated novelist and president of the Upper Tribunal McCloskey J considers the law surrounding judicial bias in the tribunal. As with previous exponents of the art (see Denning LJ, or Moses LJ), judgments of the President...

18th August 2017
BY nicknason

What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction to hear an appeal against an Upper Tribunal decision that has already been remitted to the First Tier Tribunal? Both of these interesting issues crop...

14th August 2017
BY nicknason
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