Permanent residence saves Polish man with two drug dealing offences from deportation
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges are precarious. In the absence of good reason to the contrary, rights should ...
14th September 2018Doomed Article 8 application makes it all the way to the Court of Appeal
If there is one piece of advice practitioners take away from this post, let it be this: in ANY application you prepare, take the time and the effort to fully explain and particularise your client’s circumstances in your letter of representations. In ...
10th August 2018Jumping the gun in Dublin III cases
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and ...
31st May 2018Where’s the beef? Court criticises quality of Article 8 applications
The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...
16th May 2018Entry bans don’t preclude residence card applications, says Court of Justice
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the co ...
11th May 2018New guidance for judges on granting immigration bail
Judge Clements, President of the First-tier Tribunal (IAC), yesterday released comprehensive new guidance on immigration bail for judges. The updated guidance naturally takes into account the significant changes brought about by the Immigration Act 20 ...
3rd May 2018Burden of proof is not on deportee, despite tribunal’s best efforts
In SA v Secretary of State for the Home Department [2018] CSIH 28, the Inner House considered an appeal from the Upper Tribunal concerning a deportation order against a Romanian national. The two main issues were: the burden of proof in EEA deportatio ...
2nd May 2018No right of appeal under EEA Regulations against notice of removal window
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 ...
6th April 2018Risk of absconding is not a trump card in unlawful detention cases
Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on all the c ...
19th March 2018President Lane takes fresh aim at flimsy judicial review grounds
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely r ...
6th March 2018Immigration bail system failing mentally ill, Court of Appeal finds
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ ...
12th February 2018Court of Appeal gets it badly wrong on out-of-country appeals
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the ...
18th January 2018No special rules for children of Gurkhas, says Court of Appeal
The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal) v Secretary of State for the Home Department [2017] EWCA Civ 2106 was whether non-dependent adul ...
21st December 2017A familiar nemesis: the Court of Appeal on “insurmountable obstacles”
R (Mudibo) v Secretary of State for the Home Department [2017] EWCA Civ 1949 is yet another decision of the Court of Appeal grappling with the provisions of those familiar nemeses, section 117B and the “insurmountable obstacles” test in EX.1 of ...
6th December 2017Court of Appeal re-affirms country guidance cases are not box ticking
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on the basis that he would face a real risk of living in circumstances falling below the Article 3 th ...
28th November 2017