Category Archives: Kenya

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances

Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading →

Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC | Tagged , , , , | Leave a comment

Government loses bid to lower bar for exclusion of extremists from refugee status

The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)  The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading →

Posted in Africa, Al-Shabab, Appeals, Asylum, Court of Appeal, Kenya, Refugee Convention, Somalia, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Passports: Foreign law must be proved by expert evidence

Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC)  CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading →

Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading →

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

Terror Imam: Monitoring Measures Breach ECHR

DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading →

Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism | Tagged , , , , , | 1 Comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading →

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

Case Comment: FW v SSHD [2011] EWCA Civ 264

Lies and false statements in immigration applications are a common problem. Many a “clever” foreigner, often meritorious enough to qualify for the coveted Post Study Work visa, has fallen foul of the deception rules. It really isn’t a great idea … Continue reading →

Posted in Article 8, Court of Appeal, European Union, False Statements, Frontex, Immigration Rules, Kenya, Nigeria, Post Study Work | Tagged , , , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading →

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment

Case Comment: FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC)

Under the common law lies, silences, omissions, misleading statements and false representations all give rise to liability in criminal and civil matters. Immigration matters tend to contain a mixture of both civil and criminal elements when ascertaining a person’s worthiness … Continue reading →

Posted in Article 8, Cases, East African Asians, False Statements, Immigration Rules, Kenya, Tribunals | Tagged , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises (see update here) There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to … Continue reading →

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 3 Comments

Kenyan constitutional reform: potential problems in Africa’s Asian British citizenship maze

It is entirely possible that Kenyan Asians who were persecuted in Kenya and discriminated against at home in the UK (which denied them their rightful entry into the UK through perverse legislation such as the Commonwealth Immigrants Act 1968) will … Continue reading →

Posted in British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | Leave a comment