Author: Bilaal Shabbir

Picture of Bilaal Shabbir

Bilaal Shabbir

Bilaal is an Advocate at the Scottish Bar and practises in both Scotland and Jersey, focusing on public law, commercial dispute resolution and offshore trust litigation. He is a Panel Member on the Football Association’s (FA) National Serious Case Panel.

The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of absconding and serious criminal convictions, despite detention already lasting well over a year. The case is Singh v Secretary of State for the Home Department...

3rd February 2021
BY Bilaal Shabbir

In FA (Sudan) v Secretary of State for the Home Department [2021] EWCA Civ 59, the Court of Appeal has confirmed that someone applying to stay in the UK under the domestic abuse rules must have had permission to remain as a partner. This appeal was a bold challenge to...

1st February 2021
BY Bilaal Shabbir

Pending asylum appeals in Scotland can be affected by changes to country guidance right up to the point when they are sent out to the parties to the case, even if the judge has already signed off on his or decision, according to the Upper Tribunal in NRS and Another...

22nd December 2020
BY Bilaal Shabbir

It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t preclude judges from following the correct approach to assessing the proportionality...

25th November 2020
BY Bilaal Shabbir

When is a “false document” not a “false” document? In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland held that a document cannot itself be dishonest. Dishonesty requires an assessment of the state of mind of the person submitting...

25th November 2020
BY Bilaal Shabbir

When a client argues “but the Home Office told me…”, things usually go downhill pretty quickly. If it wasn’t in writing, it didn’t happen! Emiantor v Secretary of State for the Home Department [2020] EWCA Civ 1461 is a classic example of how difficult it can be to hold the...

17th November 2020
BY Bilaal Shabbir

The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October. As Nath has noted, this means that the student routes were not as affected as other categories by the major statement of changes (HC 813) on 22 October,...

10th November 2020
BY Bilaal Shabbir

Imagine being accused of a crime. Now imagine you’re not told what that crime is. Then imagine a whole trial taking place without you being told what you’ve done and without you seeing any documents to prove it. Every time the top-secret evidence about you comes up, you and your...

22nd October 2020
BY Bilaal Shabbir

Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal with day in, day out! Nevertheless, there are some still cases where the Home Office’s arguments are so outrageous, it really makes your blood boil....

19th October 2020
BY Bilaal Shabbir

In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applications for judicial review. Instead, it ruled...

15th September 2020
BY Bilaal Shabbir
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