Updates, commentary and advice on immigration and asylum law
New citizenship deprivation course available now
Clearly unfounded certificate upheld in 19 years unlawful residence case

Clearly unfounded certificate upheld in 19 years unlawful residence case

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 [2015] UKUT 134 (IAC):

In this case, there has been no evidence put either before the respondent or before the Tribunal which is or could be capable of persuading a decision maker that the claim should be allowed outside the Rules. The Rules, which have been approved in Parliament, set out circumstances in which an Article 8 claim can succeed where an applicant has been in this country for over twenty years or in certain other prescribed circumstances. None of these circumstances apply in this case and there is no other reason advanced (beyond the fact that they have been in the UK for a long time, but on any view less than 20 years) as to why these applicants should nonetheless be allowed to remain.

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

Not yet a member of Free Movement?

Sign up for as little as £20 plus VAT per month

Join Now

Benefits Include

  • Unlimited access to all articles
  • Access to our forums
  • E-books for free
  • Access to all online training materials
  • Downloadable training certificates