Author: Nath Gbikpi

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Nath Gbikpi

Nath is an immigration lawyer at Leigh Day Solicitors and a Visiting Fellow in Practice at the London School of Economics.

Six months after the release of the Advocate General’s non-binding Opinion in the 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 Court of Justice of the European Union has today handed down its final judgment. The case revolved around the interpretation of article 28(3)(a) of Directive 2004/38/EC:...

17th April 2018
BY Nath Gbikpi

In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when deciding whether it is reasonable to expect a child to leave...

26th March 2018
BY Nath Gbikpi

On 23 February 2018, the Home Office issued new guidance on dealing with applications for leave to remain on the basis of family life as a partner or parent or on the basis of private life, on a ten-year route to settlement. Under the heading “changes from last version of...

20th March 2018
BY Nath Gbikpi

The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is not really important but...

9th March 2018
BY Nath Gbikpi

Part 4 of the Immigration Act 2014 introduced a referral and investigation scheme for proposed marriages and civil partnerships involving a non-EEA national who could gain an immigration advantage from their nuptials. Under this scheme, register offices must refer all proposed marriages and civil partnerships to the Home Office if...

28th February 2018
BY Nath Gbikpi

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the EEA Regulations 2006. The Supreme Court has referred...

15th February 2018
BY Nath Gbikpi

In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker. I personally find the fact that this issue went to...

25th January 2018
BY Nath Gbikpi

In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the situation worse. Last week iNews reported that dozens of medics with offers to work in the NHS had their visa applications refused. Even more...

24th January 2018
BY Nath Gbikpi

A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under false pretences. The Home Office has accepted that in most cases, deprivation rather than nullity is the correct process. Deprivation gives people stripped of citizenship...

21st December 2017
BY Nath Gbikpi

In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case undoubtedly represented a positive move...

14th December 2017
BY Nath Gbikpi
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