Interview: Gabriella Bettiga on exceptional circumstances applications

The Immigration Rules provide that somebody who wishes to stay in the UK on the basis of their family ties but does not otherwise meet the requirements of Appendix FM can argue that there are “exceptional circumstances”. Paragraph GEN.3.2 ...

20th July 2018 By

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

What are the 10 and 20 year rules on long residence?

The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

26th June 2018 By

Satisfying the Immigration Rules enough for Article 8 success

The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdl ...

1st June 2018 By

Strasbourg gets strict with non-exhaustion of domestic remedies

The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedie ...

29th May 2018 By

Where’s the beef? Court criticises quality of Article 8 applications

The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...

16th May 2018 By

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