151 results
2 Jan 2019 09:59
Questioning to establish whether a detained foreign national is lawfully in the UK under Operation Nexus is permissibleR (Centre for Advice on Individual Rights in Europe) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2837 Related Member(s): Dan Squires QC, Anita Davies Related Practice Area(s): Immigration, Asylum and Free Movement, Public Law Court: Court of Appeal (Civil Division) This more...
21 Dec 2018 14:01
James Dixon represents family at inquest critical of Home Office and Ministry of JusticeJames Dixon of No5 Barristers’ Chambers was instructed by Irwin Mitchell Solicitors in the case of an immigration detainee who died on the day he was set for release from a privately-run jail in Liverpool. At the conclusion of the inquest, in which the jury recorded a narrative verdict of suicide, more...
21 Dec 2018 09:28
Questioning to establish whether a detained foreign national is lawfully in the UK under Operation Nexus is permissibleR (Centre for Advice on Individual Rights in Europe) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2837 Related Member(s): Dan Squires QC, Anita Davies Related Practice Area(s): Immigration, Asylum and Free Movement, Public Law Court: Court of Appeal (Civil Division) This 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...
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...
20 Nov 2018 11:31
Court of Appeal refuses permission to appeal in Article 3 case — Vanessa LongIn the recent judgement of MM (Malawi) & MK (Sri Lanka) v SSHD [2018] EWCA Civ 2482 the Court of Appeal declined to grant permission to appeal to the Supreme Court for consideration of whether the test under Article 3 for removal of foreign nationals in medical cases, as set out in Paposhvili v more...
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...
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...
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...
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...
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...
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