89 results
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...
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