Author: Nick Nason

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Nick Nason

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

Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked. The case of FH v SSHD [2020] EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary of State has...

22nd June 2020
BY Nick Nason

We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their human rights. As confirmed by the Supreme Court...

17th April 2020
BY Nick Nason

In LE (St Vincent and the Grenadines) v SSHD [2020] EWCA Civ 505 the Court of Appeal upheld a decision to deport a Royal Marine who had fought for this country in Iraq and Afghanistan over a 14-year career in the armed forces. It is difficult to imagine that the...

15th April 2020
BY Nick Nason

In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person wrongly believed that they had indefinite leave to remain. It also identifies a loophole – a term not used without hesitation, but it is difficult...

26th March 2020
BY Nick Nason

When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and lengthy discussion about the meaning of...

20th March 2020
BY Nick Nason

Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an appeal brought by Mr Patel, an Indian citizen, against a decision to deport him following a 2016 conviction for money...

25th February 2020
BY Nick Nason

In a pointed reminder, perhaps, to those in government threatening to “update” the Human Rights Act, Lady Hale began her Supreme Court judgment in the case of R (Jalloh) v SSHD [2020] UKSC 4 thus: The right to physical liberty was highly prized and protected by the common law long...

12th February 2020
BY Nick Nason

Prior to the closure of the Tier 1 (Entrepreneur) route, the main requirement was evidence that an applicant had access to funds for investment in their proposed venture. The Immigration Rules permitted applicants to rely on their own funds, or alternatively on funds that have recently been transferred to them...

20th January 2020
BY Nick Nason

In a review of Amelia Gentleman’s book The Windrush Betrayal, David Goodhart of the Policy Exchange think tank said this: Over … [the] period [2004-2018] the number of voluntary removals rose sharply from 3,566 in 2004 to 28,655 in 2016, perhaps some evidence that, despite Gentleman’s assertions, the hostile environment...

15th January 2020
BY Nick Nason

The Court of Appeal has given judgment in Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098, a long-running appeal concerning the deportation of a man who was born in the UK in 1983, and has never left. In reversing (again) the decision of the Upper Tribunal to dismiss Mr...

12th December 2019
BY Nick Nason
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