That is the question answered by the Upper Tribunal in SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC). The appellant was convicted of murder and […]
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane […]
Anyone whose life consists of daily references to the Immigration Rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite […]
The Court of Appeal has returned to the legal issues arising from the closure of the Calais refugee camp in September 2016 and section 67 of the Immigration Act 2016, […]
The vexed issue of reasonableness, removals and children is back in the judicial spotlight once more in a new Court of Appeal ruling, Runa v Secretary of State for the […]
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 […]
Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals provides the judges who serve […]
The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for […]
Following on from the Court of Appeal’s recent human rights “cheatsheet” in GM (Sri Lanka) v Secretary of State for the Home Department, we now have a gem of a […]
The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers […]
In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where […]
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases […]
The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in […]
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to […]
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article […]
The Supreme Court has allowed the appeal in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. Giving the sole judgment, Lord Wilson holds […]
The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both […]
If there is one piece of advice practitioners take away from this post, let it be this: in ANY application you prepare, take the time and the effort to fully […]
There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that […]
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But […]
The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the […]
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the […]
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength […]
Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a leave curtailment. The case is […]
Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can […]
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the […]
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was […]
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh […]
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie […]
The Court of Appeal has dealt a serious blow to rights of appeal for visitors to the UK. Here we analyse the legal situation and take a look at the three judgments....
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, […]
The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal) v Secretary of State for […]
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows […]
R (Mudibo) v Secretary of State for the Home Department [2017] EWCA Civ 1949 is yet another decision of the Court of Appeal grappling with the provisions of those familiar nemeses, section 117B […]
In Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 the Court of Appeal found that a First-tier Tribunal decision to allow a Jamaican man’s deportation appeal […]
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr […]
Since July 2012 the immigration rules for adult dependent relatives have been, in practice, almost impossible to meet. Applicants need to demonstrate that they require a level of long-term personal […]
Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in the UK since the age […]
In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is […]
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration […]
