The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home Office, has found that the ... Read more
It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil partners). It was argued in Chapti ... Read more
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form 'link format' posts with no real commentary, ... Read more
Email in from David Jones at Garden Court Chambers: Just wanted to drop you a line as it has been flagged up to me that Mark Wray v SSHD [2010] EWHC 3301, a case with which I have been involved, has been relied on ... Read more
The 'sole responsibility' and 'serious and compelling family or other considerations which make exclusion of the child undesirable' tests for the admission of children to join parents in the UK have featured in the ... Read more
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 Ogundimu (Article ... Read more
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 July 2012. The case ... Read more
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 Civ 1363 and concerns the interaction of family ... Read more
Following on from the earlier posts on the new(ish) changes to the Immigration Rules, this post looks at the situation for adult dependent relatives. It will surely come as no surprise that the new rules raise the bar ... Read more
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 under Article 8 will only ... Read more