All Articles: Human rights

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

Supreme Court asks whether a miss is as good as a mile

Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number of important points affecting the way in which such Article 8 of the European Convention on Human Rights ‘fal ...

25th November 2013 By

Test in health human rights removal cases different for children

The Court of Appeal has held that a different test applies to children in human rights health cases. These difficult cases involve a person seeking to remain in the UK in order to receive life-saving medical treatment not available in his or her home ...

23rd October 2013 By

Italy and Dublin – the Grand Chamber Decides

As noted in last week’s lengthy missive, the challenges to removals to Greece continued after the decision of the ECtHR in KRS v United Kingdom [2008] ECHR 1781 culminating in the decision that such removals were unlawful in MSS v Belgium and Greece ...

23rd October 2013 By

‘Form not substance’: Deport rules do not change the law

Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a day at the Court of Appeal. MF (Nigeria) v SSHD [2013] EWCA Civ 1192 makes clear that th ...

22nd October 2013 By

Medical treatment human rights cases and Rose Akhalu

The case of Rose Akhalu (health claim: ECHR Article 8) [2013] UKUT 400 (IAC) offers a glimmer of hope to some migrants dependent on health care in the UK facing removal. These cases can involve people being sent to their country of origin to die an av ...

11th September 2013 By

Choice of religious upbringing for child not a basis for international protection

In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from Malaysia after the father said he was to convert to Islam, fearing that their child would be brought up a M ...

19th July 2013 By

Unfair trial abroad

In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given guidance on the application of the ‘flagrant breach’ test for determining whether a court process ...

16th July 2013 By

Win For Children With Discretionary Leave

The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Ch ...

18th June 2013 By

Chikwamba delivers again

Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the ...

28th May 2013 By

Migrant domestic worker labour rights under fire

For the second time in as many months, the Employment Appeal Tribunal (EAT) has dismissed a direct discrimination claim brought by a migrant domestic worker against her employer. In this case and an earlier case, the Claimants were Nigerian nationals ...

24th May 2013 By

What hope after LASPO: Time to re-visit Maaouia ?

This post by Frances Meyler and Sarah Woodhouse, Co-Directors of the Liverpool Law Clinic, School of Law and Social Justice, University of Liverpool, examines some of the arguments that might be put forward in an application for an ‘Exceptional Case ...

26th April 2013 By

High Court rejects May’s high politics

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 correct approach is a two stage one wh ...

18th April 2013 By

European Court of Human Rights fact sheet

Not a high number In 2012, 0.48% of cases against the UK succeeded before the European Court of Human Rights. Interesting fact sheet from Strasbourg on UK cases. ...

16th April 2013 By

Absence of legal aid may breach fair hearing

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, but I wanted to highlight ...

9th April 2013 By

Eweida, religion, sexuality, politics, Kylie and asylum

In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the ...

19th March 2013 By

Case of Wray successfully appealed

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 in judgments to support interference ...

13th March 2013 By

May be wrong

Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is t ...

18th February 2013 By

Human rights and the immigration rules

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 8 – new rules) Nigeri ...

11th February 2013 By

Marriage and civil partnerships inspection report

The latest report by John Vine, the Independent Chief Inspector of Borders and Immigration, was published this week. It concerns applications to enter, remain and settle in the UK on the basis of marriage and civil partnerships and the summary of rec ...

31st January 2013 By

More new Immigration Rules with immediate effect

Statement of Changes HC 820 was laid before Parliament yesterday, 12 December 2012, to come into effect today, 13 December 2012. You  need look no further than the fact that this is the ninth Statement of Changes to the Immigration Rules this year al ...

13th December 2012 By

Application fee may breach human rights

In the case of R (on the application of Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012) the High Court has held that charging a fee for a human rights based immigration application will itself breach huma ...

10th December 2012 By

Translation of Singh v Belgium

After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation and offered to share it with blog readers ...

14th November 2012 By

Controversial new human rights rules rejected

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 is  MF (Article 8 – new ru ...

31st October 2012 By

Important new deportation cases

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 and immigration law. The second i ...

26th October 2012 By

Asylum credibility: timely new case from Strasbourg

In a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The reason the case was exceptional is that he had previously worked with the British armed forc ...

4th October 2012 By

Theresa May Qualifies a Qualified Right

  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 private life under Article 8 of the European Convention on Human ...

15th August 2012 By

The interplay between immigration and family proceedings – Part 1

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 of Nimako-Boateng (residence orders – Anton considered) [ ...

10th July 2012 By

The New Rules

When I attempted to read Kafka’s The Castle I gave up halfway* through on the basis that the castle K strives to reach was a metaphor for the text of the book itself, which was impenetrable. I tried to tell myself afterwards that Kafka had not w ...

9th July 2012 By

Extradition, Article 8 and the rights of the child

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 European Arrest Warrant had been issued in respect of a Polish mother of 5 ...

5th July 2012 By

New Statement of Intent on family migration

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 Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By

How soft is the law on deportation right now?

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, subject to human rights law (an important proviso), there is a presumpt ...

10th June 2012 By

Can Article 8 be ‘overridden’?

The BBC is today reporting that Theresa May intends on Monday to introduce new guidelines telling judges what to think about Article 8 of the European Convention on Human Rights. Article 8 is the right to a private and family life and is worth quoting ...

10th June 2012 By