Author: Nick Nason

Picture of Nick Nason

Nick Nason

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

In SSHD v SU [2017] EWCA Civ 1069 (20 July 2017) the Court of Appeal considered for the first time the unusual case of an individual who had been deported from the UK, returned in breach of the order, and then applied for its revocation having established a private and...

7th August 2017
BY Nick Nason

In W v SSHD [2017] EWHC 1733 (Fam) (07 July 2017) a married couple resident in the UK on a Tier 2 visa attempted to bring their 2-year-old adoptive son, V, to join them from Nigeria. The application they made for him to enter as a Points Based System dependent...

25th July 2017
BY Nick Nason

Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the...

5th June 2017
BY Nick Nason

Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date of the FTT hearing, and after the date the FTT judge signs the determination, but before that determination is promulgated? The short answer, in general,...

26th May 2017
BY Nick Nason

In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal...

19th May 2017
BY Nick Nason

Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and entrepreneurs. – Theresa May, Davos, January 2017 Entrepreneurs are...

17th May 2017
BY Nick Nason

The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered...

15th May 2017
BY Nick Nason

R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23]...

9th May 2017
BY Nick Nason

The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It provides valuable guidance on the meaning of the word ‘unlawful’ within the context of deportation provisions introduced by the Immigration...

11th April 2017
BY Nick Nason

In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immigration and Asylum Act 2002. For those not already...

4th April 2017
BY Nick Nason
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