Author: Nick Nason

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Nick Nason

Nick is a lawyer at Edgewater Legal, simplifying immigration law for individuals and businesses.

In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal involved a 52-year-old man, SM, who had been convicted of child...

9th November 2021
BY Nick Nason

There are only two things that legal aid lawyers can do to mitigate the losses they inevitably face by undertaking publicly funded advice work: reduce the time they put into each fixed fee case, or reduce the number of legally aided cases they take on. This is the stark finding...

28th October 2021
BY Nick Nason

In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, concluded Lord Justice Lewis, giving the unanimous...

9th June 2021
BY Nick Nason

In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year long residence applications. Background Migrants who have spent 10 years in the UK with continuous...

30th April 2021
BY Nick Nason

In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had been in the UK on immigration bail since 2003. The fundamental question for the tribunal: where removal cannot be effected,...

23rd March 2021
BY Nick Nason

A key tenet of UK deportation law is that British nationals cannot be deported: section 3(5) of the Immigration Act 1971. And yet, Sajid Zulfiqar, a man born British in the UK, will, barring any further appeals, be deported to the land of his fathers: Zulfiqar (‘Foreign criminal’ : British...

23rd November 2020
BY Nick Nason

In KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 the Court of Appeal followed the recent decisions of HA (Iraq) v SSHD [2020] EWCA Civ 1176 and AA (Nigeria) v SSHD [2020] EWCA Civ 1296 on the interpretation of the “unduly harsh” test in...

30th October 2020
BY Nick Nason

In Hoque & Ors v SSHD [2020] EWCA Civ 1357 the Court of Appeal addressed the issue of gaps in lawful residence in ten-year long residence applications. It found that the previous authority of R (Masum Ahmed) v SSHD [2019] EWCA Civ 1070 – which held that any applicant who...

26th October 2020
BY Nick Nason

In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly harsh” test set out in KO (Nigeria)...

12th October 2020
BY Nick Nason

If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord...

8th September 2020
BY Nick Nason
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