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  EWHC 1604 […]
The Upper Tribunal has promulgated long-awaited guidance on the interpretation of section 117B Nationality, Immigration and Asylum Act 2002. The headnote of AM (S 117B) Malawi  UKUT 260 (IAC) provides:
It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not many, though, and none succeed because of the Human Rights Act as distinct […]
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 […]
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.