All Articles: insurmountable obstacles

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 sequel that is Lal v Secretary of State for the Home Department [2019] EWCA Civ 1925. In this case, Ms...

13th November 2019
BY Bilaal Shabbir

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 we currently stand with private and family life cases under Article 8 of the European Convention on Human Rights. General...

8th October 2019
BY Iain Halliday

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 failed to approach their decision-making task, in an appeal focused on Article 8 of the European Convention on Human Rights,...

9th October 2018
BY Darren Stevenson

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 explain and particularise your client’s circumstances in your letter of representations. In applications for leave to remain under Article 8,...

10th August 2018
BY Bilaal Shabbir

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 and the “insurmountable obstacles” test in EX.1 of Appendix FM. Much of the judgment is unremarkable with the usual mentioning...

6th December 2017
BY Bilaal Shabbir
Login
Or become a member of Free Movement today