104 results
New UT (IAC) Case Law: EFMs, New Matters, Human Rights Appeals and More
Here are the head notes from some new signifncant UT reported cases covering a wide range of topics. I have hyperlinked to the full judgments on Bailii: Kunwar (EFM - calculating periods of residence) [2019] UKUT 63 (IAC) (28 December 2018) (1) An "extended family member" ("EFM") of an EEA national more...
Upper Tribunal (IAC) Reported Cases 2018
In this post I have set out the head notes for all of the UT (IAC) reported cases for 2018. Each case is hyperlinked to the full judgment on Bailii. This is an easy way to update yourself on the recent developments in the law. January Ahmad (scope of appeals) Pakistan [2018] UKUT 84 (IAC) (23 more...
24 Jan 2019 10:24
Undercover Policing Inquiry - Judicial ReviewOn 22 January 2019, Supperstone J heard the Claimants’ application for permission to judicially review the decision of Inquiry Chairman, Sir John Mitting, to restrict the cover names of former undercover officers in the Special Demonstration Squad and National Public Order Intelligence Unit. The more...
22 Jan 2019 11:33
No5 barrister airs concerns over deportation methods following Judicial ReviewAn immigration barrister fears a Judicial Review has thrown up the possibility that the Government’s methods to deport EU nationals could end up costing the country hundreds of thousands of pounds. Becket Bedford, of No5 Barristers’ Chambers, led the review of a case involving a 19-year-old more...
7 Jan 2019 10:26
David Gardner acts for successful claimant in an application for judicial reviewR (Rathor) v Southampton Magistrates’ Court [2018] EWHC 3278 (Admin); Admin Court, 9th October 2018 David represented the Claimant in both the permission and substantive hearings in this case where the Claimant had been convicted of assault in his absence. The District Judge in the Magistrates’ more...
2 Jan 2019 09:50
Richard Alomo acts for successful claimant in an application for judicial reviewR (G) v HCC; Admin Court 20th December 2018 Richard represented the claimant whose children had been placed with prospective adopters by the defendant local authority in circumstances that were considered to be unfair. The family court had previously granted the defendant placement orders in more...
21 Dec 2018 09:51
Court of Appeal has no jurisdiction to hear an appeal against the dismissal of a Judicial Review in a criminal caseR (McAtee) v Secretary of State for Justice [2018] EWCA Civ 2851 Related Member(s): Hugh Southey QC, Nick Armstrong Related Practice Area(s): Crime and Regulatory Law, Public Law Court: Court of Appeal (Civil Division) Considering the question of its jurisdiction to hear an appeal from a judgment of more...
Home Office amend their policy on reasonableness of children leaving the UK following KO (Nigeria)
The Home Office have amended their policy document ‘Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes’ publishing a new version on 19th December 2018. The updated guidance includes a revision to the section entitled ‘Would it be reasonable to expect the child to more...
Barrister wishing (without presumption and who knows his place) to help?
Without any presumption whatever - and as an aspiring newcomer - and as a member of the Bar looking (duifully, it is hoped, and as ever, to the Judiciary for help?) - there may be an argument for some guidance or rules on the LiP situation? We all know how busy the C of A is. The Family Court is more...
Head Notes from the Latest UT (IAC) Reported Cases
Here are the head notes from the latest UT (IAC) reported cases (as of 16/12/18): Prathipati, R (on the application of) v Secretary of State for the Home Department (discretion - exceptional circumstances) [2018] UKUT 427 (IAC) (26 October 2018) 1) The Secretary of State has a discretion to allow an more...
Very Signifiant Obstacles: Treebhawon gloss disapproved of by Court of Appeal
In Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018) the Court of Appeal considered §276ADE(1)(vi) and the question of 'very significant obstacles' to integration. The test set out in the Immigration Rules was previously considered by a Presidential panel more...
9 Nov 2018 13:45
Briefing Note: A Prosecutor's Duty of CandourOn 23 May, the High Court (Lord Justice Gross and Mr Justice Sweeney) allowed an application for judicial review against the refusal of Leeds Magistrates' Court to dismiss summonses that had been issued upon the application of a private prosecutor. The Claimants successfully argued that a private more...
ELECTORAL COMMISSION JUDICIAL REVIEW – RESOURCES FOR JOURNALISTS
This content is posted with permission of Jolyon Maugham QC and was originally posted on Waitingfortax.com. High Court Decision Decision at paragraphs 94-95: “For the reasons given, we conclude that the Electoral Commission has misinterpreted the definition of ‘referendum expenses’ in section 111(2) more...
12 Sep 2018 09:07
HMCTS reform roadshow events 2018 to 2019Information for legal professionals and court users to participate in events about our courts and tribunals reform programme. From September 2018 to the end of March 2019, HM Courts and Tribunals Service (HMCTS) will continue to engage with practising legal professionals and professional court users more...
Paposhvili not relevant in Article 8 healthcare cases
In SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 (07 August 2018) the Court of Appeal consider the relevance of the judgment of the CJEU in PAPOSHVILI v. BELGIUM - 41738/10 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)) [2016] ECHR 1113 (13 more...
7 Sep 2018 06:50
2018 Legal Wales ConferenceThe 2018 Legal Wales Conference will be held at Medrus Conference Centre Aberystwyth, Penglais, SY23 3BY Friday 12th Ocotber Agenda and Speakers can be seen at http://legalwales.org/conference.html more...
Court of Appeal Gives Guidance on Article 8 in Deprivation of Citizenship Appeals
In Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) the Court of Appeal gave guidance in respect of Article 8 in deprivation of citizenship appeals given the difficulties caused by the current UT reported decisions. Aziz concerned the deprivation proceedings more...
Free Resource: Reducing the evidential burden in EEA Retained Rights cases
Immigration Practitioners may find this article useful which is my analysis of the recent Court of Appeal decision in Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 concerning retained rights of residence and at what point a person must show that their former spouse was more...
Article 8 and 7 year children: a helpful case to rely upon in applications and appeals
The decision of the President in MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) is helpful in cases concerning 7 year children and it should be cited by practitioners in applications and appeals. The President emphasises the need for ‘powerful more...
New UT IAC Reported Decisions
Here are the head notes from some recent reported UT IAC decisions. They cover a number of important topics and are worth reading to keep yourself up to date with the latest developments. I have included the bailii links to the full decisions. AZ (error of law: jurisdiction; PTA practice) [2018] more...
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