All Articles: Human rights

First successful entry clearance appeal on Article 10 free speech grounds

Jeremy Corbyn may be having a tough time since becoming leader of the Labour Party, but he can at least take some satisfaction in getting one over Theresa May in the Court of Appeal. The background facts are that a group of MPs and a peer had invited ...

1st December 2015 By

“Serious irreversible harm” test case heard in Court of Appeal

This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came ...

25th September 2015 By

The Immigration Bill 2015

The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyer ...

18th September 2015 By

New tribunal cases on statutory human rights considerations and “integration”

The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and the statutory considerations is the itch that judge ...

29th July 2015 By

Human rights and best interests relevant in ALL decisions

In Granovski v Secretary of State for the Home Department [2015] EWHC 1478 (Admin) HHJ Coe QC sitting as a Deputy Judge of the High Court rejects the Home Office contention that the best interests of children and private and family life of the applica ...

7th July 2015 By

When is Article 8 private and family life engaged?

The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a right of appeal against refusal on an immigration application. The Court of Ap ...

3rd July 2015 By

Gulshan disapproved in High Court

This post is a largely academic one for the lawyers and judges amongst Free Movement readers. The latest case in the interminable parade of cases addressing the interaction of Article 8 and the Immigration Rules is the case of R (on the appl ...

19th June 2015 By

Precarious immigration status defined

The Upper Tribunal has promulgated long-awaited guidance on the interpretation of section 117B Nationality, Immigration and Asylum Act 2002. The headnote of AM (S 117B) Malawi [2015] UKUT 260 (IAC) provides: ...

28th May 2015 By

Does the Human Rights Act prevent us deporting serious criminals?

It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not m ...

26th May 2015 By

We already have a Bill of Rights, thank you very much

The Conservative Party manifesto includes replacement of the Human Rights Act with a Bill of Rights. We already have a Bill of Rights, so the proposed Conservative version will need to be called something different. Perhaps Bill of Rights 2: The Dark ...

12th May 2015 By

Tribunal pronounces on statutory human rights considerations

In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002, introduced by the Immigration Act 2014. The Court of Appeal has already had its say in the c ...

4th March 2015 By

Human rights, private life, paragraph 276ADE, suitability and ties

Bossadi (paragraph 276ADE; suitability; ties) [2015] UKUT 00042 (IAC) is very short but somewhat less than sweet. A panel of the tribunal tries to row back from the earlier case of Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) an ...

9th February 2015 By

No broadening of Article 3 test in health cases

Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health ...

4th February 2015 By

New duty to keep Home Office informed

When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked away in the schedules to the Immigration Act 2014. A new expanded section 1 ...

29th October 2014 By

Iraq, Islamic state & indiscriminate violence

In HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409(IAC) (“HM2”) the Upper Tribunal speculated: …we consider that so far as Article 15(c) is concerned the most likely development is that the levels of violence will either continue to ...

1st September 2014 By

Weighing the public interest in deportation cases

Lawyers, judges and Home Office officials are all still getting to grips with the effect of the controversial statutory ‘guidance’ to judges on Article 8 introduced by the Immigration Act 2014. One month on it is still far too early to say ...

28th August 2014 By

Home Office official in court today

The Respondent does not accept the tribunal can reach its own conclusions about a [deportation] case. ...

26th August 2014 By

New Home Office guidance on deportation

The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representing ...

26th August 2014 By

Irreversible harm

From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks r ...

21st August 2014 By

New statutory human rights considerations take immediate effect

The Immigration Act 2014 requires judges to take into account certain public interest considerations when deciding immigration cases. Little weight is to be attached to x, the politicians tell the judges through the medium of the legislation, and in y ...

14th August 2014 By

Statement of Changes HC 532

This post is based on an earlier page I made available to Free Movement Members a couple of weeks ago, before Statement of Changes HC 532 took effect. The commencement date of 28 July 2014 has been and gone and we have also seen commencement of the o ...

7th August 2014 By

Update on Haleemudeen vs Edgehill

Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 Free Movement write up and prediction here. And an upda ...

20th June 2014 By

Italy and Dublin: Tabrizagh test case

Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on any view bad news, there is much in it to consider. In a carefully reasoned and frank ...

16th June 2014 By

“No right of appeal” human rights decisions

There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry the right of appeal. In recent years the prevailing tendency has ...

2nd June 2014 By

Home Office presses to remove severely ill 6 year old child

A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely complex needs. For the last five years she has received highly specia ...

27th May 2014 By

Court of Appeal grants permission on Article 3 and 8 health cases

Important grant of permission from the Court of Appeal in six linked cases addressing issues arising from D and N cases at Strasbourg and subsequent treatment by the UK courts. For some legal background see this earlier blog post. In granting permissi ...

8th April 2014 By

Shahzad (Art 8: legitimate aim) Pakistan [2014] UKUT 85 (IAC)

Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully the distasteful, injudicious and simply impolite phrase “a run of the mill case” ...

5th March 2014 By

SD (military service – sexual identity) Turkey CG [2013] UKUT 612 (IAC)

Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes “sexual identity disorder”. (2) Homosexuality is regarded by the ...

2nd January 2014 By

Human rights, expulsion and medical treatment cases: a review

Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer. They concern life itself and will often involve a miserable, painful death if unsuccessful. T ...

27th November 2013 By