Upper Tribunal Judge Craig takes a hardline stance against certification as clearly unfounded an Article 8 claim based on 19 years unlawful residence in the case of R (on the application of Singh and another) v Secretary of State for the Home Department IJR  UKUT 134 (IAC): In this case, there has been no […]
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)  UKUT 95 (IAC) [EDIT: curiously identical to R (on the application of Thakral) v The Secretary of State for the Home Department (IJR)  UKUT 96 (IAC)]. Official headnote: The Chikwamba […]
In Dube (ss.117A-117D)  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  EWCA Civ […]
Bossadi (paragraph 276ADE; suitability; ties)  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  UKUT 60 (IAC) and suggest that the now scrapped (and so largely academic) “no ties” provision […]
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  EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.
Black caps donned, appeals dismissed. Write up to follow when I can bring myself to read it properly.
In HM and others (Article 15(c)) Iraq CG  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 reduce or remain at around the same level as in 2010, 2011 and the first […]
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 how it will pan out. It will be months before we have guidance […]
The Respondent does not accept the tribunal can reach its own conclusions about a [deportation] case.
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 people in deportation cases. It not only gives insight into the approach of the Home Office, it also tells […]