Permanent residence through incapacity to work: no UK derogation
The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released
The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the
The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland)
The nature of applications which attract a right of appeal have been greatly restricted by the Immigration Act 2014. In summary, only refused human rights
Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account
In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that
Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law
To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used
In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian...
The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls...
The nature of applications which attract a right of appeal have been greatly restricted by the Immigration Act 2014. In summary, only refused human rights applications, or applications for protection, are appealable. All other applications can be challenged by way of Judicial Review or administrative review only. What is the...
Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of Wamala v Tascor Services Ltd [2017]...
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or...
In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a...
Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law does not provide for an automatic judicial review of the lawfulness of detention. Instead, detainees must proactively challenge the lawfulness of their...
To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used by Mr Justice McCloskey, president of the Upper Tribunal, in the judicial review case of Mohamed Al-Anizy. Needless saying, he was not very impressed by...