151 results
Article 8 Private Life and Involvement in a Business
In Onwuje v The Secretary of State for the Home Department [2018] EWCA Civ 331 (01 March 2018) the Court of Appeal considered the human rights appeal of a Tier 1 Entrepreneur and his family. One of the issues which arose was how the Appellant's involvement with his business related to his Article 8 more...
Court of Appeal Gives Guidance on the Assessment of Credibility
In SB (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 160 (14 February 2019) Green LJ gives some detailed guidance on the assessment of credibility by Tribunal Judges. The guidance will be useful to cite in grounds challenging a negative assessment of credibility or when more...
6 Mar 2019 09:41
Shamima Begum: is stripping her of her citizenship the right response?The fate of Shamima Begum, the British teenager who joined the Islamic State in Syria (ISIS) and has asked to return home, has divided opinion. Home Secretary Sajid Javid’s decision to deprive the 19-year-old mother of her citizenship is apparently popular: a recent poll found that 78% support the more...
Key Immigration Cases: July-Dec 2018 Review
Key Immigration Cases: July-Dec 2018 Review In this free PDF download I review the key cases from July to December 2018 and explain why they are of interest. The review covers EU law, Article 8, health cases, the latest on the Educational Testing Services (‘ETS’) cases, procedural guidance on grants more...
27 Feb 2019 14:54
Treason doth never prosper:
Could the Courts see a return of the ancient law of treason?In the wake of the recent controversy surrounding Shamima Begum, the British schoolgirl who fled to Syria in order to join ISIS, questions have been raised as to whether the Treason Act 1351 needs to be updated. Though prosecution for membership of a terrorist organisation is possible, under s.11 more...
27 Feb 2019 12:51
Blackburn man collected extremist magazines on phoneJonathan Page, instruced by Stephen Lickrish & Associates, represented FA, who was sentenced to 30 months’ imprisonment for possessing extreme terror-related articles over a period of 6 years. The sentence reflected the defendant’s ASD diagnosis for which a psychologist with expertise in more...
27 Feb 2019 12:40
Chloe Ashley acts pro bono in modern day slavery caseChloe represented AS, an Afghan teenager with significant mental health disorders, charged with assisting an offender. AS’ plea was connected to a trial in respect of a robbery held in the Crown Court where several adults were jointly charged and subsequently convicted. AS entered the UK as an more...
Email address to request Home Office to review a case where appeal pending and there is new evidence
See this extract from a letter sent to ILPA by James Stevens, Director of Appeals, Litigation & Subjects Access Requests Directorate UK Visas & Immigration: ‘Given this higher rate we have decided that we will continue, for the time being, to maintain a dedicated resource to review new evidence and more...
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...
Enough is enough
For Shamima Begum, the Jihadi bride, the saga goes on and on and on. In short, after 5 years with Isis, she has had enough and wants to come home. By home, I mean Bethnal Green and not the crushing poverty of Bangladesh where she and her family originated. According to the latest opinion polls, more...
18 Feb 2019 11:35
The Round Up: Return from Syria and Immigration, Immigration, Immigration…Immigration cases have dominated human rights case law this week. However, perhaps the greatest controversy concerned the Home Secretary’s intervention in the case of Shamima Begum. News broke on Sunday morning that the nineteen-year-old had given birth in Syria to baby boy, having travelled to the more...
Permission to Appeal Applications and the Power to Set Aside
The President of the FTT (IAC) has issued a memorandum in relation to 'Permission to appeal applications from the First-tier Tribunal (IAC) to the Upper Tribunal and the power to set aside' . The President reminds representatives of rule 35 of the Procedure Rules and the power of the FTT to set more...
6 Feb 2019 12:19
Sports stars, politicians and billionaires – diplomatic immunity in the English courtsRecent high-profile news stories about the bankruptcy proceedings against Boris Becker and the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul have brought the status of diplomatic immunity into focus. Bar a highly unlikely political intervention by the Saudi state, the more...
6 Feb 2019 09:00
Court of Appeal dismisses human rights claim for Afghan national who has lived in the UK for 10 yearsSA (Afghanistan) v SSHD [2019] EWCA Civ 53 Related Member(s): Tamara Jaber Related Practice Area(s): Immigration, Asylum and Free Movement, Human Rights Court: Court of Appeal (Civil Division) The Court of Appeal have dismissed the appellant’s appeal form a decision of the FTT, to refuse his claim more...
4 Feb 2019 10:54
The Round-up: immigration centres, military justice and human traffickingIn the news A cross-party group of MPs is seeking to put an end to indefinite detentionin immigration centres. Led by Harriet Harman MP, the Chair of the Joint Committee on Human Rights, the group are backing an amendment to the Immigration and Social Security Coordination (EU Withdrawal) Bill, more...
1 Feb 2019 14:31
Exchange Chambers barristers successfully prosecute ‘bogus colleges’ caseJane Greenhalgh (lead counsel) and Huw Edwards (junior counsel) from Exchange Chambers have successfully prosecuted three men for conspiracy to facilitate breaches of UK immigration law. Muhammad Babar Bashir, Tashina Nayyar and Koteswara Nallamothu were found guilty of using ‘bogus colleges’ to 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...
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...
21 Jan 2019 10:02
Round Up: Heated politics, immigration matters, and a win for The Mail OnlineIn his 1748 text ‘The Spirit of the Laws’, Montesquieu proposed his initial concept of what would ultimately become known amongst political scientists as the separation of powers. Mercifully, for both the writer of this blog and the time poor reader, this weekly round-up of events need only concern more...
2 Jan 2019 10:20
Immigration to the UK post-Brexit and impact upon domestic football clubsIMMIGRATION TO THE UK POST-BREXIT The Government last week updated the information publicly available about immigration to the UK post-Brexit[footnote 1]. The new system will not come into force immediately post-Brexit but after an “Implementation Period” during which further changes and refinements more...
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