151 results
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...
26 Feb 2018 15:06
When the trial’s a stage: David Josse Q.C. writes for Counsel Magazine on the death of Slobodan PraljakDavid Josse QC discusses Slobodan Praljak’s dramatic death "The death of Slobodan Praljak, who at the moment that he learnt that his appeal had been rejected fatally drank a small quantity of poison from a vial whilst saying in Croatian ‘Judges, Slobodan Praljak is not a war criminal, with disdain I more...
26 Feb 2018 14:58
The European Committee for the Prevention of Torture: fact and fiction. A seminar with Dr Alan Mitchell: Tuesday 27 February 2018 at 18:00Register your interest in our topical Extradition Seminar with our guest speaker Dr Alan Mitchell chaired by Ben Keith -Tuesday 27th February at 5 ST ANDREW’S HILL, LONDON, EC4V 5BZ. -2 CPD points. -Free attendance. Subject to venue capacity. Sign up via the RSVP Link. Dr. Alan Mitchell is a more...
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