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 judges cannot help but scratch, but it is primarily an academic and political issue rather than one of […]

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 applicant and his family could only be considered in response to […]

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 application of Sunassee) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2015] EWHC 1604 […]

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 Night Rises. The Bill of Rights of 1689 was one of the most […]

New case interprets Chikwamba. Again

A new case from the Upper Tribunal (re-)interprets Chikwamba again: R (on the application of Idris) v The Secretary of State for the Home Department (IJR) [2015] UKUT 95 (IAC) [EDIT: curiously identical to R (on the application of Thakral) v The Secretary of State for the Home Department (IJR) [2015] UKUT 96 (IAC)]. Official headnote: The Chikwamba […]

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 case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ […]