All Articles: Article 8

The interplay between immigration and family proceedings – Part 2

Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings.  In Nimako-Boateng (residence orders – Anton considered) [2012] U ...

11th July 2012 By

The interplay between immigration and family proceedings – Part 1

Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa.  The first case of Nimako-Boateng (residence orders – Anton considered) [ ...

10th July 2012 By

Extradition, Article 8 and the rights of the child

The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather their extradition. In HH, an European Arrest Warrant had been issued in respect of a Polish mother of 5 ...

5th July 2012 By

New Statement of Intent on family migration

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By

How soft is the law on deportation right now?

Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration tribunal and courts, states that, subject to human rights law (an important proviso), there is a presumpt ...

10th June 2012 By

Near Miss for Near Miss?

The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short o ...

14th March 2012 By

Deportation game changer

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President ...

13th March 2012 By

Maslov and the bright line

In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion ...

13th February 2012 By

Immigration rules amended to be less human rightsy looking

The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be ...

20th January 2012 By

Should I stay or should I go?

The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy ...

25th November 2011 By

One rule for the rich

The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can ...

17th November 2011 By

Consultation on family migration: Tories to reintroduce ‘primary purpose’ rule

The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the accompanying research pape ...

14th July 2011 By

All criminal convictions to act as bar to settlement from today

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpi ...

6th April 2011 By

New Zimbabwe Country Guidance out

The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only on Zimbabwean asylum claims but also on dealing with cases ...

14th March 2011 By

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribun ...

24th February 2011 By

Quila and the spouse visa age

There have been several quite distraught sounding commenters on my previous piece on the outcome of the Quila case, which is understandably causing confusion. I thought it might be useful to set out what I understand to be the current legal position. ...

23rd February 2011 By

Best interests of children: new Supreme Court case

The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 fina ...

1st February 2011 By

Rights of children a primary consideration

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Ri ...

12th August 2010 By

Post flight spouses of refugees

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country o ...

11th August 2010 By

Major Article 8 case law

There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now wi ...

16th April 2010 By

New long residence case

In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short g ...

11th March 2010 By

Family life

I thought I’d highlight another case that came out before Christmas and which I didn’t have time to write up at the time. I’m sometimes asked where I find the time to write this blog. Today is a good example: I’ve prepped my ca ...

1st February 2010 By

Rule 320 case law

The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down ages ago, in April 2009. The case is MA (Nigeria) v Secretary of State fo ...

28th January 2010 By

More long residence case law

I’m back and even have time on my hands to do some catching up, as a three day case just went very short on me. Quite a lot seems to have happened in the last month. I thought I would start with the case of JO (Uganda) v Secretary of State for ...

27th January 2010 By

Good news in an HIV/AIDS case

This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowe ...

22nd December 2009 By

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