Search Results for: Amirteymour

In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...

25th August 2022
BY Iain Halliday

In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct procedure for raising “cross appeals” in the Upper Tribunal. I represented the claimant...

12th July 2019
BY Ben Amunwa

Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application on the basis that the...

6th April 2018
BY Bilaal Shabbir

In two linked cases, C-304/14 CS v UK and C-165/14 Marin v Spain, the Court of Justice of the European Union ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits and a judgment reached applying...

17th December 2017
BY Jasmine Quiller-Doust

In two linked cases, C-304/14 CS v UK and C-165/14 Marin v Spain, the Court of Justice of the European Union ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits and a...

22nd May 2017
BY Colin Yeo

In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal...

19th May 2017
BY Nick Nason

The Court of Appeal has held that the Upper Tribunal has been wrong all along about proxy marriages and EU law. The case is Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 and it overrules the earlier tribunal cases of Kareem (Proxy Marriages – EU Law)...

23rd March 2017
BY Colin Yeo

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits...

3rd October 2016
BY Colin Yeo

Section 84 of the 2002 Act sets out the grounds (or legal reasons or basis) on which an appeal may be pursued. In short, if the argument at the appeal does not fit within one of the grounds in section 84 then it will make no difference to the outcome...

11th May 2016
BY Colin Yeo

In an interesting but almost impenetrable judgment, the Court of Justice of the European Union gives some guidance on procedural protections available to those bringing challenges to EU law decisions which adversely affect them. The case is Benalla v Belgium C‑161/15. The point that arose was a fairly obscure one. Mr Benalla,...

18th March 2016
BY Colin Yeo

Abdul (section 55 – Article 24(3) Charter : Nigeria) [2016] UKUT 106 (IAC) is a case involving a Nigerian national aged 41 who had resided in the UK for 25 years and who had two British daughters aged 11 and 13. He had acquired a permanent right of residence under EU law. He was a serial […]

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4th March 2016
BY Colin Yeo

In the case of TY (Sri Lanka) v The Secretary of State for the Home Department [2015] EWCA Civ 1233 (01 December 2015) the Court of Appeal held that the immigration tribunal cannot consider an appeal on asylum grounds against an application and decision made under EU law. If a section...

10th December 2015
BY Colin Yeo

Welcome to the September 2015 edition of the Free Movement immigration update podcast. In this episode I’m going to talk about two more cases in which judges are highly critical of immigration lawyers and references are made to the SRA, the protection status of Syrian refugees, some rather odd and...

19th November 2015
BY Colin Yeo

The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The determination is Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the official headnote reads: Where no notice under section 120 of...

21st September 2015
BY Colin Yeo
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