Tag Archives: Entry Clearance

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 →

Posted in Article 8, Asylum, Entry Clearance, Families, Human Rights, Immigration Rules, Lady Hale, Proportionality, Refugee Convention, Syria | Tagged , , , , , , | Leave a comment

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading →

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

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 →

Posted in Article 14, Article 8, Children, ECtHR, Entry Clearance, Families, Hostile Environment, Judicial Review, Proportionality, Racism, Trinidad and Tobago, Windrush | Tagged , , , | Leave a comment

Procedural fairness: ECO must put suspicions of dishonesty to applicant before refusal says Court of Appeal

R (Wahid) v Entry Clearance Officer [2021] EWCA Civ 346 (25 February 2021)  Following the approach in Balajigari v SSHD [2019] EWCA Civ 673 (discussed here), the Court of Appeal has held that it is arguable that procedural fairness required … Continue reading →

Posted in Appeals, Appendix V, Costs, Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Pakistan, Tribunals | Tagged , , , , , | Leave a comment

‘Historic Injustice’: Adult Child’s Appeal Allowed

AP (India) v The Secretary of State for the Home Department [2015] EWCA Civ 89 (13 February 2015) The Court of Appeal recently revisited the theme of “historic injustice” and Elias, McCombe and King LJJ unanimously held in this case … Continue reading →

Posted in Article 8, Citizenship and Nationality, East African Asians, ECHR, Gurkhas, Historic Injustice | Tagged , , , , | 1 Comment