Zambrano applications must be based on facts, not assumptions, says Court of Appeal
7 June 2022
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In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a
In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status.
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts arise because “overseas visitors” are charged for certain types of NHS treatment. The National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015 No....
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion clauses”, found at Article 1F of the Convention. Accordingly, The provisions of this Convention shall not apply to any person with respect to whom there...
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might nevertheless avoid any such risk by returning voluntarily to another part of that country, even where he does not wish...
In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness of conducting hearings remotely. In this case, the court found that the remote hearing had not violated the applicant’s Article...
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead to refugees being removed from the UK. Background...
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK...
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing so — but also some pitfalls and potential issues to...
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying. With the deadline to...
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...
