139 results
16 Nov 2018 12:38
Supreme Court rules that immigrants without indefinite leave have “precarious” status in UKOn 14th November 2018 the Supreme Court gave judgment in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. The effect of this decision is that: (a) A claimant at the Immigration Tribunal who relies on their private (not family) life under Article 8 will be entitled to more...
1 Nov 2018 16:54
Legal 500 and Chambers UK Bar 2019 launched5 Essex Court is delighted to retain its “enviable reputation” as "a leading set” in the major legal directories Legal 500 and Chambers UK Bar. Chambers is ranked as a top-tier set for police law ("without doubt the top police law chambers”) and inquests and inquiries ("arguably the best set for more...
29 Oct 2018 15:24
Supreme Court rules that parental misconduct irrelevant to whether child should leave UK — an extended lookOn 24th October 2018 the Supreme Court gave its judgment in the conjoined cases of KO (Nigeria); IT (Jamaica); NS (Sri Lanka) and others; Pereira v Secretary of State for the Home Department [2018] UKSC 53 — read judgment. This is a major decision which clarifies the approach that the Immigration more...
24 Oct 2018 15:15
Supreme Court gives guidance on meaning of “reasonableness” and “unduly harsh” in children’s casesKO (Nigeria) and others v Secretary of State for the Home Department [2018] UKSC 53 In a short judgment handed down today in a group of cases, the Supreme Court has given guidance on the meaning to be attached to s117B(6) of the Nationality Immigration and Asylum Act 2002 and to a similar provision more...
24 Oct 2018 15:03
The right of appeal against refusal of a residence card: the latest developmentsAs discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national. At the moment, if a “family member” of an EEA national more...
Helpful Guidance on Costs in the FTT
The President of the FTT (IAC) has recently published a helpful Presidential Guidance Note entitled ‘Further guidance on wasted costs and unreasonable costs and on the correct approach to applications for costs made in proceedings before the First-tier Tribunal (IAC)’ The guidance draws heavily upon more...
8 Oct 2018 09:19
Round Up- Civil Partnerships for all and the Unlawfulness of Hardial Singh.In the News: The Government has announced that civil partnerships will be available to all couples, not just those which are same-sex. The government has said the move will address the “imbalance” of the current system. It will also provide a way of giving couples and their families greater security 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...
Extended Family Members and Appeals: CJEU judgment in Banger
The Immigration (European Economic Area) Regulations 2016 expressly exclude, from the definition of an EEA decision in Reg 2(1), decisions to refuse to issue residence documentation to an Extended Family Member (EFM) of an EEA national, thus removing appeal rights from EFMs and leaving Judicial 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...
Upper Tribunal gives guidance on poor professional immigration advice and Article 8
In Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC) the President gives guidance as to if and when poor immigration advice can impact the public interest in an Article 8 claim. The head note reads as follows: (1) Poor professional immigration advice or other more...
Free Resource: Immigration cases 2018 - a review of the year so far
I recently produced an Immigration Case Law review covering the first half of 2018. You can download it as a free PDF here. The review will provide practitioners with a handy guide to the key cases of the year so far in this fast moving area of law. more...
Helpful Home Office Guidance on §276ADE(1)(vi): ‘Very Significant Obstacles’
Over recent months I have been trying to rely on §276ADE(1)(vi) in a greater number of cases. Below are some helpful quotes from pages 57-60 of the SSHD’s guidance which will help you in successfully arguing it in applications and appeals: Very significant obstacles will exist where the applicant more...
Meeting the Immigration Rules is positively determinative of an Article 8 appeal
In TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) the Court of Appeal gave guidance in relation to Article 8 and the Immigration Rules in the context of relationships formed with a British citizen at a time when a person’s immigration 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...
Immigration Law Tip: Home Office Guidance on EEA Marriage Interviews
This guidance (see page 40) is helpful in challenging EEA marriage of convenience decisions from the SSHD: If the applicant attends the marriage interview, you must consider: • the answers they gave during their interviews • the evidence that led to doubts about the reasons for entering into the more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
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