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Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant
Well, that did not take long. The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department  EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali  UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014. As background, in 2012 the Government introduced new Immigration Rules which in effect set a series of strict quasi-statutory tests to be applied in immigration cases in which human rights were pleaded. The intended effect was to reduce the...18th April 2017
Court of Appeal reaffirms position on adult dependent relatives
In Butt v SSHD  EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable – and this was the principle reason it managed to reach the Court of Appeal – because of the original decision of the First-Tier Tribunal (FTT) to make separate findings in relation to parents and those adult dependent children: allowing the appeals of the latter, while rejecting the former. The facts The Butt family arrived in the UK on 7 July 2004. They had been granted visit visas for a 6 month stay but did...30th March 2017
When is it reasonable to require British citizen children to leave Britain?
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act)  UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second is how far, if at all, the tribunal might take account of policies of the Secretary of State under the new appeals regime established by the Immigration Act 2014. Reasonableness of requiring a British child to leave UK It turns out that the Secretary of State’s policy is that it is never reasonable to require a British citizen child to...29th March 2017
Strasbourg revisits approach to serious illness, medical treatment and Article 3
On 13 December 2016, the Grand Chamber handed down its much-awaited decision in Paposhvili v Belgium (Applcn No. 41738/10). The decision: (1) clarifies, widens and provides guidance on the circumstances in which an alien suffering from a serious illness can resist removal under art 3 ECHR; and (2) gives rise to serious questions as to whether the present UK jurisprudence is in step with the standards set in Strasbourg. The circumstances of the case The Applicant, Mr. Georgie Paposhvili, was a Georgian national, born in 1958, who had been living in Belgium with his wife and children, from November 1998. He claimed (and was refused) asylum in Belgium. From December...27th December 2016
Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR
Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigration Detainees and Amnesty International blocked. What are "prohibited categories" of websites in IRCs if they include @BIDdetention Medical Justice @freemvmntblog ?? http://t.co/zyrDF5OcG4 — BID (@BIDdetention) March 8, 2013 The All Party Parliamentary Group on Refugees’ 2015 report on their inquiry into use of immigration detention slammed the detention centres for blocking access not only to the above websites, but also to the inquiry’s own website. We were told that, in practice, detainees...13th December 2016
Hesham Ali and Makhlouf: What is the correct approach to determining deportation appeals?
In the cases of Hesham Ali  UKSC 60 and Makhlouf  UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation decisions. Both the appeals were dismissed and the Home Office prevailed; but that is not the whole story and we have to look at the judgments carefully to understand the proper approach. Word is that the delay between the hearing of Ali and Makhlouf in January 2016 and handing down of the judgment last week was due to disagreements between the justices. Those disagreements were ultimately largely resolved, it would seem. Lord Reed gives the leading judgment in Ali with a...24th November 2016