All Articles: Article 8

Continuing with our efforts to decipher and digest the new Immigration Rules, this post examines the changes made to the categories relevant to parents of children who are here in the UK. As is common to most if not all categories under the new Rules, this section is also subject...

30th August 2012
BY Sarah Pinder

  As the third in a series of blog posts on the radical new July 2012 immigration rules we turn now to the Home Secretary’s attempt to “define” the right to family and private life under Article 8 of the European Convention on Human Rights, which is incorporated into our domestic law in...

15th August 2012
BY Claire Physsas

Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings.  In Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216 (IAC) the UT had considered the position as it...

11th July 2012
BY Sarah Pinder

Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa.  The first case of Nimako-Boateng (residence orders – Anton considered) [2012] UKUT 00216(IAC) is dealt with in this post leaving the second case...

10th July 2012
BY Sarah Pinder

The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather their extradition. In HH, an European Arrest Warrant had been issued in respect of a Polish mother of 5 children, aged between 21 and 3...

5th July 2012
BY Julia Gasparro

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to do this but, for the time being...

13th June 2012
BY Iain Palmer

Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration tribunal and courts, states that, subject to human rights law (an important proviso), there is a presumption in favour of deportation where the Home Office...

10th June 2012
BY Free Movement

The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As in...

14th March 2012
BY Free Movement

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President Mr Justice Blake...

13th March 2012
BY Colin Yeo

In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion of a foreign national’ criterion (Maslov at...

13th February 2012
BY Iain Palmer

The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be deleted, as predicted here on...

20th January 2012
BY Free Movement

The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy. A radical new case is handed down or law is...

25th November 2011
BY Free Movement

The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can be accessed here. Analysis by Alan Travis of The Guardian can be...

17th November 2011
BY Free Movement

The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the accompanying research paper, Family migration: evidence and analysis, here. The affected categories are fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex...

14th July 2011
BY Free Movement

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpired that the...

6th April 2011
BY Free Movement

The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only on Zimbabwean asylum claims but also on dealing with cases where children have been resident for seven years or more....

14th March 2011
BY Free Movement

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribunal confirmed the currency of the earlier Court of Appeal of...

24th February 2011
BY Free Movement

There have been several quite distraught sounding commenters on my previous piece on the outcome of the Quila case, which is understandably causing confusion. I thought it might be useful to set out what I understand to be the current legal position. The Secretary of State is appealing the Court of...

23rd February 2011
BY Free Movement

The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 finally addresses the weight to be given to the...

1st February 2011
BY Free Movement

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Rights of the Child is highly...

12th August 2010
BY Free Movement

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country of origin should normally be allowed. Ever...

11th August 2010
BY Free Movement

There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now withdrawn seven year children policy,...

16th April 2010
BY Free Movement

In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short gaps in their lawful residence and had...

11th March 2010
BY Free Movement

I thought I’d highlight another case that came out before Christmas and which I didn’t have time to write up at the time. I’m sometimes asked where I find the time to write this blog. Today is a good example: I’ve prepped my case like a good barrister and I’m...

1st February 2010
BY Free Movement

The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down ages ago, in April 2009. The case is MA (Nigeria) v Secretary of State for the Home Department [2009] EWCA Civ 1229. Lord Justice Ward...

28th January 2010
BY Free Movement

I’m back and even have time on my hands to do some catching up, as a three day case just went very short on me. Quite a lot seems to have happened in the last month. I thought I would start with the case of JO (Uganda) v Secretary of State...

27th January 2010
BY Free Movement

This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowed the appeal of a woman with HIV/AIDS (albeit only...

22nd December 2009
BY Free Movement

The Court of Appeal has given the Asylum and Immigration Tribunal another good ticking off. The case is AG (Eritrea) v SSHD and, frankly, is probably of no interest whatsoever to anyone except geeky immigration lawyers such as myself. However, it’s another piece of objective proof that the current AIT...

10th August 2007
BY Free Movement
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