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Caselaw

Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 274 (IAC)

Posted by Ruken Sahin | on October 02, 2018 | Caselaw

This appeal was heard at the Upper Tribunal (“UT”) on 02/07/18 before Mr. Justice Lane President. The appeal considered the effects of poor professional immigration advice or services on the Appellant’s protected private or family life in the UK. Brief Background The Appellant is a citizen of Bangladesh born in 1980. He arrived in the …

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New ruling on Retained Rights of Residence

Posted by Ilham Malik | on October 02, 2018 | Caselaw

Gauswami (retained right of residence: jobseekers) India [2018] UKUT 00275 (IAC) This was an appeal before the Upper Tribunal which held that the interpretation of ‘worker’ in regulation 10(6)(a) of both the Immigration (European Economic Area) Regulations 2006 and the Immigration (European Economic Area) Regulations 2016 included reference to a ‘jobseeker’. Brief facts and chronology …

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The Court of Justice confirms that EU citizens retain their free movement rights after naturalisation

Posted by Ilham Malik | on January 22, 2018 | Caselaw

C-165/16 Lounes This is a preliminary ruling by the Court of Justice of the European Union concerning the interpretation of Directive 2004/38/EC of the European Parliament on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Brief facts and chronology The …

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Upper Tribunal Ruling on Ankara Agreements

Posted by Gunes Saybak | on September 11, 2017 | Caselaw

Aydogdu, R (on the application of) v Secretary of State for the Home Department (Ankara Agreement – family members – settlement) [2017] UKUT 167 (IAC)  This case concerned whether the Applicants were entitled Indefinite Leave to Remain (ILR) at the same time as the main Applicant’s husband even though specific residence requirements had not been …

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Employment Tribunal Fees held as unlawful by the Supreme Court

Posted by Gunes Saybak | on September 06, 2017 | Caselaw

R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51 This instant appeal concerned whether fees imposed by the Lord Chancellor, in respect of proceedings in the Employment Tribunals (“ETs”) and the Employment Appeal Tribunal (“EAT”), were unlawful due to the direct impact on access to justice. Brief Background Before the …

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High Court Ruling on Unlawful Detention

Posted by Gunes Saybak | on June 19, 2017 | Caselaw

Chaparadza, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1209 (Admin)  This case was heard in the High Court (Administrative Court) and concerned a Judicial Review (JR) claim in which the Claimant sought to challenge his unlawful detention by the Defendant (“SSHD”). Chronology The Claimant was a national …

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Proof of identity in family reunification cases

Posted by Soma Barzinji | on June 19, 2017 | Caselaw

R (on the application of Al-Anizy) v Secretary of State for the Home Department (undocumented Bidoons – Home Office policy) [2017] UKUT 197 (IAC) This is a Judicial Review, heard on 11/05/17 by the Upper Tribunal (Immigration and Asylum Chamber) (UT) before the Honourable Mr Justice McCloskey, President of the UT. Brief Facts and Chronology …

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Remedying an error of fact in a Family Law case

Posted by Ruken Sahin | on June 19, 2017 | Caselaw

This was a family law appeal case heard on 16/12/16 before Mr. Justice Baker in the High Court of Justice (Family Division) on appeal from the Reading Family Court. Facts and chronology: The proceedings concerned the Appellant father and the Respondent mother’s 14 ½ year old daughter A, who resided with the Respondent. The parties …

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The effect of certification of a claim on the issue of human rights and further submissions

Posted by Soma Barzinji | on May 19, 2017 | Caselaw

R (on the application of Ayache) v The Secretary of State for the Home Department (paragraph 353 and s94B relationship) [2017] UKUT 00122 (IAC) This case before the Upper Tribunal (Immigration and Asylum Chamber) (UT) concerned a Judicial Review challenge brought by the Applicant against the decision of the Respondent Secretary of State for the …

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Supreme Court Upholds Minimum Income Requirement for Partner Visas

Posted by Ilham Malik | on May 19, 2017 | Caselaw

MM (Lebanon) & Ors, R (on the applications of) v Secretary of State and another [2017] UKSC 10 This case concerned five appeals heard before the Supreme Court in relation to the minimum income requirement (MIR) of £18,600 for sponsoring foreign partners. Brief facts and chronology On 9 July 2012, Appendix FM was inserted into …

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Upper Tribunal Ruling on dual EEA national and British nationals

Posted by Gunes Saybak | on May 19, 2017 | Caselaw

TM (EEA Nationals – meaning; NI Practitioners) Zimbabwe [2017] UKUT 00165 (IAC) This instant case was heard in the Upper Tribunal (Immigration and Asylum Chamber) (“UT”). The Appellant, with permission, appealed  the dismissal of his appeal by the First-tier Tribunal (Immigration and Asylum Chamber) (“FtT”) in respect of an initial decision made by the Secretary …

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Upper Tribunal Ruling on Spousal Visa Extension Applications

Posted by Shwan Sharif | on April 26, 2017 | Caselaw

R (on the application of Bhudia) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 25 (IAC) This was a substantive Judicial Review hearing in the Upper Tribunal (UT) on 20/11/15 of a refusal of the Respondent Secretary of State’s refusal of the Applicant’s application for an extension of …

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High Court ruling on Ankara Agreements

Posted by Gunes Saybak | on March 28, 2017 | Caselaw

High Court ruling on Ankara Agreements Akturk, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 297 (Admin) Brief Facts and Chronology The Claimant is a Turkish national who was granted entry clearance as a visitor for 6 months between 31/10/14 and 30/04/15. He entered the UK on 21/12/14. …

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Under what circumstances is it considered reasonable to require a British citizen child to leave the UK?

Posted by Gunes Saybak | on March 07, 2017 | Caselaw

SF and others (Guidance, post-2014 Act) Albania [2017] UKUT 120(IAC) Brief Facts and Chronology This appeal was  before the Upper Tribunal (Immigration and Asylum Chamber (“UT”) and concerned the first Appellant (a mother) and two other Appellants, who were her dependent children. The Appellants were Albanian nationals who had clandestinely entered the United Kingdom from …

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Immigration Tribunal Fee Increase Reversed

Posted by Ilham Malik | on December 06, 2016 | Caselaw

Immigration Tribunal Fee Increase Reversed In a written statement published on 25 November 2016, Sir Oliver Heald, the Minister of State for Courts and Justice, announced that the government had reversed its decision to increase the immigration appeal fees by 500%. The announcement provides: However, we have listened to the representations that we received on …

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New English language requirement: family route

Posted by Ruken Sahin | on December 06, 2016 | Caselaw

New English language requirement: family route Earlier this year, David Cameron announced the government’s intention to introduce a new English language requirement for family migrants (parent’s/partner’s). This applies to those who are seeking to extend their leave in the UK on a five-year route to settlement under the Immigration Rules. The new requirement is set …

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Supreme Court ruling on Foreign Criminals with British Citizen Children

Posted by Gunes Saybak | on December 06, 2016 | Caselaw

Supreme Court ruling on Foreign Criminals with British Citizen Children Makhlouf (Appellant) v Secretary of State for the Home Department (Respondent) (Northern Ireland) [2016] UKSC 59 This instant case was an appeal heard in the Supreme Court against an order the deportation of a foreign criminal (the Appellant) who had British citizen children residing in …

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Earlier offences and impact on status in the UK

Posted by Ruken Sahin | on October 20, 2016 | Caselaw

Earlier offences and impact on status in the UK Rexha (S.117C – earlier offences) [2016] UKUT 335 (IAC) This was an appeal heard at the Upper Tribunal (UT) before the Honorable Mr. Justice Dove and Deputy Upper Tribunal Judge Grimes on 24/05/16. The appeal is brought by the Secretary of State (SSHD) against the First-tier …

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Upper Tribunal Ruling on Failed Asylum Seekers from Iran

Posted by Gunes Saybak | on October 07, 2016 | Caselaw

Upper Tribunal Ruling on Failed Asylum Seekers from Iran SSH and HR (illegal exit: failed asylum seeker CG) [2016] UKUT 308 (IAC) This Country Guidance case was held in the Upper Tribunal of the Immigration and Asylum Chamber (“UT”). Country Guidance cases are authoritative in any subsequent appeal, so far as that appeal: relates to …

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Fresh Claims and no right of appeal

Posted by Ruken Sahin | on August 01, 2016 | Caselaw

R (on the application of MG) v First-tier Tribunal (Immigration and Asylum Chamber) (‘fresh claim’; para 353: no appeal) IJR [2016] UKUT 00283 (IAC) Article 8: Public Interest Considerations Fresh Claims and no right of appeal R (on the application of MG) v First-tier Tribunal (Immigration and Asylum Chamber) (‘fresh claim’; para 353: no appeal) …

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The jurisdiction of the UK courts over EEA national children

Posted by Soma Barzinji | on July 07, 2016 | Caselaw

In the matter of N (Children) [2016] UKSC 15 dated 13/04/16 This case was heard in the Supreme Court and concerned the jurisdiction of the UK courts over EEA national children. The Appellants in this case were the parents of two Hungarian national children born in the UK and the Respondent was the London Borough …

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Upper Tribunal Ruling on Un-documented Iraqi

Posted by Gunes Saybak | on June 20, 2016 | Caselaw

Upper Tribunal Ruling on Un-documented Iraqi Abdulla v Secretary of State for the Home Department (IJR) [2016] UKUT B1 (IAC) (22 March 2016)  This instant case was heard in the Upper Tribunal (“UT”) on 22/03/16 following the Applicant’s application seeking Judicial Review of the Secretary of State’s (SSHD) decision refusing his fresh application for leave …

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Refugee awarded damages for unlawful detention

Posted by Ilham Malik | on June 10, 2016 | Caselaw

AXD v The Home Office [2016] EWHC 1133 (QB) (13 May 2016) This was a hearing by the Claimant for compensation (damages) against the Home Office (Defendant) for his unlawful detention. This case was heard in High Court of Justice (Queen’s Bench Division). Brief facts and chronology The Claimant was a Somali national who entered UK on 21/04/97 and …

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Discrimination and Victimization of Domestic Migrant Workers

Posted by Soma Barzinji | on May 25, 2016 | Caselaw

This is a case in the Court of Appeal (CoA) Onu v Akwiwu & Anor: Taiwo v Olaighe & Anor [2014] EWCA Civ 279n dated 13/03/14 by the Appellants (Ms. Onu and Mrs. Taiwo) appealing against the decision of the Employment Appeal Tribunal (EAT) that they had not suffered direct discrimination at the hands of their …

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Supreme Court Ruling on Material Non-Disclosure

Posted by Gunes Saybak | on May 11, 2016 | Caselaw

This is an Application to the Supreme Court by the Appellant (Mrs Gohil) against the order of the Court of Appeal (CoA) dated 13/03/14 setting aside a judgment in her favour dated 25/09/12 and dismissing her claims against the Respondent for material non-disclosure during their Family Law financial settlement process. Background The Appellant and the Respondent …

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New ruling for Article 8 family immigration claims

Posted by Ilham Malik | on May 10, 2016 | Caselaw

PD and Others (Article 8 – conjoined family claims) Sri Lanka [2016] UKUT 00108 (IAC) This case concerns the decision of the Upper Tribunal (Immigration and Asylum Chamber) (UT) following the grant of permission to appeal the decision of the First Tier Tribunal (Immigration and Asylum Chamber) (FtT) by the Appellants.   Brief facts and …

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Article 8: public considerations

Posted by Ruken Sahin | on January 11, 2016 | Caselaw

Zermani, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 1226 (Admin) This case was heard in the High Court of Justice on 30/04/2015.  The Claimant sought an order quashing the decision of the Respondent Secretary of State for the Home Department (‘SSHD),  to refuse his application for leave …

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Sabir & Ors , R (on the application of) & Anor v The Secretary of State for the Home Department – Tier 1 Entrepreneur Judicial Review

Posted by Admin | on January 08, 2016 | Caselaw

This is a judicial review hearing in the High court heard before Helen Mountfield QC on 22/01/15. The Claimants are Mr Sabir and Mr Mehmood whom are both co-directors of a business called “Your business Companion Limited”. In this case they seek to challenge the decisions of the Secretary of State for the Home Department …

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