Important new judgment on KO (Nigeria) case and removing migrants with children in the UK

The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a childâ ...

11th March 2019 By

Extended family members: no residence card, no rights

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended fami ...

26th February 2019 By

Don’t forget about Article 8 in asylum cases

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...

19th February 2019 By

Briefing: statutory considerations in human rights appeals

Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private an ...

30th January 2019 By

A member of an EU national’s household can apply for settled status

Appendix EU of the Immigration Rules was introduced at the end of August 2018 to implement the post-Brexit settled status scheme which will enable EU citizens and their family members living in the UK to remain after Brexit. When reviewing the new rul ...

21st December 2018 By

Scottish court muddies the waters following KO (Nigeria)

Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in immigration cases involving children who are either British or who have lived in the UK for seven years ...

17th December 2018 By

Upper Tribunal tackles the law on the parent/child relationship

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpf ...

16th October 2018 By

Luxembourg court to be asked if the UK can cancel Brexit

Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. The case, formally kno ...

26th September 2018 By

Deal or no deal? What a cliff-edge Brexit would mean for EU citizens

With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no withdrawal agreement making provision for a transition period is reached by 29 March 2019, the UK will fa ...

30th August 2018 By

What’s going on with UK visit visas?

In short: the Home Office are frequently refusing them. This may not come as a surprise to immigration lawyers, who are all too familiar with the Home Office’s culture of disbelief, but it has come as a nasty shock to many artists, authors, and perf ...

13th August 2018 By

The ETS English language testing saga is over

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...

25th July 2018 By

Ambiguous changes to entrepreneur visas show why the Immigration Rules need simplifying

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Althou ...

5th July 2018 By

When law and politics collide: Brexit in the Court of Session

The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...

11th June 2018 By

Winning a deportation appeal: a good judge, on a good day

Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 in which the court upheld a decision to deport a foreign criminal. In Secretary ...

6th June 2018 By

The consequences of “inadvertently misleading” the Home Secretary

On 29 April the Home Secretary, Amber Rudd, resigned after admitting that she had “inadvertently misled the Home Affairs Select Committee over targets for removal of illegal immigrants” from the UK. A few days previously she had told the comm ...

1st May 2018 By

Promo Bonus Disetiap Deposit paling besar Bandar Q Online Terpercaya

a. Pahamilah apalagi dalu website perjudian Bandar Q tersebut, apakah benar agen yg dapat kamu memilih yaitu suatu area paling baik & mempunyai mutu yg terjamin. Maka sebaiknya kamu butuh waspada sebelum kamu pilih website judi Bandar Q Online. b. ...

27th April 2018 By

Court of Session case on blocking Brexit goes to full hearing

Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Co ...

21st March 2018 By

Internal relocation may not be “unduly harsh” on criminals

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum ...

9th January 2018 By

Court of Appeal: visa conditions do not count unless notified in writing

Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to d ...

15th December 2017 By

The Home Office is entitled to ignore a judge’s decision to grant bail

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail w ...

24th November 2017 By