Court of Appeal considers the operation of Article 3 in relation to the removal of foreign nationals from the UK where they are suffering from serious illnesses in light of the ECtHR's judgment in Paposhvili v Belgium. Citattion: AM (Zimbabwe) & Anor v The Secretary of State for the Home Department [2018] EWCA Civ 64
Month: April 2019
Gayle v The Secretary of State for the Home Department [2017]
Immigration – Indefinite leave to remain – an application for indefinite leave to remain, rather than for the usual 30 months given under the leave outside the Rules policy - whether there were "particularly exceptional or compelling reasons" to grant ILR under the policy involved considering whether there was sufficient evidence to demonstrate that the individual … Continue reading Gayle v The Secretary of State for the Home Department [2017]
GE v Secretary of State for Work and Pensions [2017]
Residence for the initial 3 months and as a jobseeker counts towards the subsequent acquisition of a permanent right of residence under domestic UK law. Whether a claimant satisfies the right to reside test is assessed down to the date of the decision not as at the date of claim. Citation: GE v Secretary of … Continue reading GE v Secretary of State for Work and Pensions [2017]
Biri v High Court In Miskolc, Hungary [2018]
This is an appeal against the decision to extradite the Appellant to Hungary to serve two sentences of imprisonment for drugs offences. It is appealed on the grounds that it did not comply with either section 2 or section 10 of the Extradition Act 2003 in that some of the alleged conduct was insufficiently particularised … Continue reading Biri v High Court In Miskolc, Hungary [2018]
Mendirez v The Secretary of State for the Home Department [2018] CSIH 65
The appellant is a national of Turkey. He came to the United Kingdom in 2007 on an "Ankara agreement" visa. In 2009 he met and formed a relationship with a lady who is a UK citizen. They are married and they have lived together in Scotland since 2009. The appellant applied for leave to remain … Continue reading Mendirez v The Secretary of State for the Home Department [2018] CSIH 65
Shote, R (On the Application Of) v Secretary of State for the Home Department [2018]
This claim for judicial review concerns the legality of immigration detention on the basis that there was no prospect of removal (Hardial Singh principle). Citation: Shote, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 87 (Admin)
Law Lessons 4 Life 