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Can children and parents apply to remain after seven years residence?
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...
28th November 2018The irremovables: what happens to national security threats who cannot be deported?
The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the government no doubt prefers) would be unlawful, because of how they would be treated on return to the ...
16th November 2018Supreme Court decides meaning of “precarious immigration status” and “financially independent”
The Supreme Court has allowed the appeal in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. Giving the sole judgment, Lord Wilson holds that a “precarious” immigration status is any status short of Indefin ...
14th November 2018Tribunal President says bus drivers and brain surgeons to be treated the same
Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...
17th October 2018Immigration tribunals lose their way in overcomplicated human rights rules
The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Art ...
9th October 2018Doomed Article 8 application makes it all the way to the Court of Appeal
If there is one piece of advice practitioners take away from this post, let it be this: in ANY application you prepare, take the time and the effort to fully explain and particularise your client’s circumstances in your letter of representations. In ...
10th August 2018