All Articles: removal

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

Host state handles the asylum claim if Dublin III transfer takes too long

Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri bac ...

1st November 2017 By

Human rights, long residence and the integration test in the Court of Appeal

Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of whether there would be “very s ...

14th September 2017 By

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