74 results
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...
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...
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...
17 Oct 2018 17:28
Split Court of Appeal rules detention of asylum seekers unlawful — Part 1R (on the application of Hemmati and Others) v The Secretary of State for the Home Department [2018] EWCA Civ 2122 The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had 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...
5 Oct 2018 08:18
Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of AppealHelp Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098 – read judgment This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation more...
2 Oct 2018 07:44
The Round-Up: Child Spies, Equal Opportunity for Fertility Treatment, and CJEU to rule on Article 50 revocationThe courts open again for Michaelmas term today, but in the meantime the round-up has the latest on a fresh set of challenges to government and NHS policy, plus a successful Brexit reference to the ECJ. Firstly, a legal action seeking to establish whether the UK can unilaterally revoke Article 50 of 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...
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...
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...
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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