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Home Office consent required for appeal relying on new category of Immigration Rules
The upshot of the Upper Tribunal’s decision in AK and IK (S.85 NIAA 2002 – new matters) Turkey [2019] UKUT 67 (IAC) is that a person who relies upon a different category of the Immigration Rules to succeed under Article 8 at their appeal or in a s ...
27th February 2019Court can consider new evidence in challenges to “clearly unfounded” certificates
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” c ...
25th February 2019Media pressure saved my clients from removal – but now come the crippling fees
Last month, for the first time in my career, I took a client’s appeal to the media instead of the immigration tribunal. Mozaffar Saberi and Rezvan Habibimarand are an elderly Iranian couple (83 and 73) living in Edinburgh. They have four adult ...
25th February 2019Don’t forget about Article 8 in asylum cases
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...
19th February 2019Briefing: statutory considerations in human rights appeals
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private an ...
30th January 2019More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili
In MM (Malawi) [2018] EWCA Civ 2482 the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as set out in the House of Lords case of N v Secretary of State for the Home Department ...
30th November 2018