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UKVI News and Updates- Guidance: Register of licensed sponsors: students
- Guidance: Register of licensed sponsors: workers
- Guidance: Single protection interview: caseworker guidance
- Guidance: Information booklet for asylum applications
- Prove your English language abilities with a secure English language test (SELT)
- Guidance: Pakistan: country policy and information notes
- Migration transparency data
- Form: Information for your immigration bail reporting appointment
- Guidance: Document checks and charges for carriers
- Guidance: Sponsor a seasonal worker
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Shabana Mahmood hints she could water down plans on leave to remain
- Shabana Mahmood says Labour party wants to create ‘fairness in our immigration system’ – UK politics live
- Three people dead, including a child, in attempt to cross Channel to UK
- UK to open new refugee resettlement routes for Afghan women and Palestinians
- Facing up to the threat that Reform poses to our democracy | Letters
- UK politics live: Pat McFadden tells Labour activists they should not defend benefits system ‘status quo’ because it ‘writes off’ claimants
- ‘We’ve done everything by the book’: EU citizens left in limbo after UK government strips post-Brexit residency status
- Angela Rayner stands by attack on care worker visa reforms ahead of Labour conference
- Ukrainians in UK fear homelessness over host scheme funding cuts
- Londoners get £3bn a year subsidy because structure of council tax biased against north, says thinktank – UK politics live
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Category Archives: Proportionality
Family life is unitary in nature: KF (Syria) overturned by Tribunal
Al Hassan & Ors (Article 8: entry clearance: KF (Syria)) [2024] UKUT 234 (IAC) (04 July 2024) The Upper Tribunal has held that the jurisdiction of the European Convention on Human Rights is primarily territorial, but as observed in SSHD v … Continue reading
False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application
Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading
Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals
Tagged Case Law, Court of Appeal, Deception, False Representations, ILR, Immigration Rules, Long Residence, Settlement, Tier 1, Tribunals
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Woman resident in the UK for 39 years loses deportation battle
Khadija Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024) The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). … Continue reading
Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Pakistan, Permanent Residence, Proportionality, Public Interest, Tribunals, UKBA 2007
Tagged Article 8, Automatic Deportation, Case Law, Court of Appeal, ECHR, FIA, Pakistan, Settlement, Tribunals
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Trafficking plea fails Shamima Begum in Court of Appeal
Begum v Secretary of State for the Home Department [2024] EWCA Civ 152 (23 February 2024) The Court of Appeal has held that the SSHD had not erred in depriving Shamima Begum of her British citizenship pursuant to section 40(2), on … Continue reading
Posted in Appeals, Bangladesh, Children, Court of Appeal, Deprivation of Citizenship, ECAT, ECHR, ECtHR, Fairness, Human Trafficking, ISIS/ISIL, Muslims, Proportionality, SIAC, Statelessness, Syria, Terrorism, UKSC
Tagged British Citizenship, Case Law, Court of Appeal, ECHR, Human Trafficking, Statelessness, UK Supreme Court
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SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal
Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024) The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal … Continue reading
Court of Appeal: SSHD wins in child sex offences case
Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024) The Court of Appeal has held that the FTT had erred in law in finding that the deportation of a foreign criminal who … Continue reading
Posted in Article 8, Court of Appeal, Deportation, Poland, Proportionality, Sexual Offences, Tribunals, UKSC
Tagged Article 8, Case Law, Court of Appeal, Directive 2004/38, ECHR, Part5A NIAA, SHPO, UK Supreme Court
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Court of Appeal quashes Upper Tribunal’s article 8 decision in deception case
Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) In this case, the Court of Appeal remitted to the Upper Tribunal an Indian national’s claim based on the right to respect for family … Continue reading
Winning for JO: An Afghani ADR case
Obtaining entry clearance for an Adult Dependant Relative (ADR) is a difficult task these days. The rules are stringent and applications are routinely refused and appeals take ages to get heard. But in credible cases it is possible to secure … Continue reading
Posted in ADR, Afghanistan, Appendix FM, Article 8, Court of Appeal, Deception, ECHR, ECOs, Immigration Rules, Pakistan, Proportionality, Public Interest, Tribunals
Tagged ADR, Afghanistan, Article 8, ECHR, Immigration Rules, Tribunals
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KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading
Supreme Court allows Jamaican criminal’s appeal
SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022) The Supreme Court allowed the complex deportation appeal of “SC”, a Jamaican national born in 1991 who arrived in the UK in December 2001 … Continue reading
Refusal to issue passport owing to fraud held unlawful
R (Gjini) v SSHD [2021] EWHC 1677 (Admin) (21 June 2021) In these proceedings, Morris J decided that the SSHD’s refusal to issue a British passport to one Mr Leonard Gjini, a dual British and Albanian national, who had obtained … Continue reading
Posted in Article 8, Asylum, Citizenship and Nationality, Deprivation of Citizenship, European Union, False Statements and Misrepresentations, Fraud, High Court, Judicial Review, Proportionality
Tagged Article 8, Asylum, British Citizenship, British Nationality Act 1981, Judicial Review, WMS
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“Powerful reasons” doctrine is no longer good law
NA (Bangladesh) & Ors v Secretary of State for the Home Department [2021] EWCA Civ 953 (24 June 2021) As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose … Continue reading
Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life
Mahabir & Ors v Secretary of State for the Home Department [2021] EWHC 1177 (Admin) (06 May 2021) Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 … Continue reading
Upper Tribunal: ‘Historic injustice’ v ‘historical injustice’
Patel (historic injustice: NIAA Part 5A) India [2020] UKUT 351 (IAC) (25 November 2020) The Upper Tribunal (Lane J and UTJ Norton-Taylor) has imparted guidance explaining the difference between “historic injustice” and “historical injustice” and it also gave guidance on … Continue reading
“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases
AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020) The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading
Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Nigeria, Tribunals, UK Supreme Court
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Court of Appeal reviews the meaning of “unduly harsh”
HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020) The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Asylum, British Nationality, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Refugee Convention, Tribunals, UK Supreme Court
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Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national
R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020) The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading
Risk of FGM: A child’s welfare is paramount in the family court
A (A Child) [2020] EWCA Civ 731 (15 June 2020) Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading
Pakistani with ‘sufficiently reprehensible conduct’ wins ILR
SSHD v MA Khan [2020] UKAITUR HU097412019 (12 March 2020) Appeals falling within the dreaded paragraph 322(5) genre are usually quite controversial as Tier 1 (General) migrants were seen as an asset to the UK’s economy but many of them cooked up tax … Continue reading
Posted in Article 8, Court of Appeal, ECHR, Immigration Rules, Pakistan, Paragraph 322(5), Proportionality, Settlement, Tier 1, Tribunals
Tagged Article 8, Case Law, ECHR, Immigration Rules, Pakistan, Tribunals
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Mother of British child fails on Chikwamba and Zambrano
Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020) Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading
Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, ECHR, European Union, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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