The Upper Tribunal has yet again rejected the government’s contention that new Immigration Rules define and delineate the extent of the United Kingdom’s human rights obligations. The latest case is […]
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in […]
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA […]
From 9 July 2012 the UKBA’s new rules on deportation took effect and should be retrospective, paragraph A362 stating ‘Where Article 8 is raised in the context of deportation…the claim […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
