Article 33(2)(e) of Directive 2013/32 does not cover a situation in which an adult lodges, in her own name and on behalf of her minor child, an application for international protection which is based, inter alia, on a family tie with another person who has lodged a separate application for international protection. The involvement of … Continue reading Ahmedbekova v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Directive 2011/95/EU) Case C-652/16
Tikka v The Secretary of State for the Home Department [2018]
In this appeal the Appellant's leave was curtailed under paragraphs 322(5) and (5A) and 323(i) of the Immigration Rules whilst trying to remain in the UK as a spouse of a person present and settled in the UK. Paragraph 322(1C) concerns particularly serious offences into which the Appellant's offence did not fall, however, the Secretary … Continue reading Tikka v The Secretary of State for the Home Department [2018]
IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626
The appellant is a national of Pakistan and previously lived in the Sheika Bur Luv-e Darya village in the Jhelum district of the Punjab. He first entered the United Kingdom with valid leave to enter as a student but subsequently overstayed. He eventually made a claim for asylum and relied on three grounds for doing … Continue reading IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626
OA (Nigeria) v Secretary of State for the Home Department [2018]
The Claimant, a Nigerian national, challenges a decision of the Secretary of State for the Home Department following his solicitor's request for reconsideration of a negative Reasonable Grounds Decision made under the National Referral Mechanism (NRM) for identifying victims of modern slavery (this includes human trafficking, slavery, servitude and forced or compulsory labour). The Claimant's … Continue reading OA (Nigeria) v Secretary of State for the Home Department [2018]
MK v R [2018]
The common issue raised in both these appeals is whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the Modern Slavery Act 2015, or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal standard one … Continue reading MK v R [2018]
Sargsyan v. Azerbaijan (Decision) (App no. 40167/06)
Human rights – Private life – inability to return to the village where one was born and spent much of one’s life affected private life - cultural and religious attachment to the graves of late relatives might also fall within the notion of private and family life Citation: Sargsyan v. Azerbaijan (Decision) (App no. 40167/06)
Khoroshenko v. Russia (App no. 41418/04)
Human rights – ECHR Art 8 – a prison regime which entailed restrictions on the types, frequency and duration of visits of family members involved an interference with family life – it was an essential part of a prisoner’s right to family life that he was permitted to maintain contact with close family members Citation: … Continue reading Khoroshenko v. Russia (App no. 41418/04)
Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017]
Administrative process – Sponsor licences - both the lack of retained evidence of proof of a resident labour market test and the failure to assign a CoS within 6 months of the vacancy being advertised were sufficient grounds for revocation of a Tier 2 Sponsor licence on discretionary grounds - assigning a CoS after six months … Continue reading Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017]
Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017]
Judicial process – Bias – a judge’s membership of the same chambers as an advocate before them is not a reason for recusal – it is a common occurrence that litigants make accusations against their opponents and their representatives which turn out on examination to be unfounded or based on misconceptions (Floyd LJ) Citation: Zuma's Choice … Continue reading Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017]
VC v The Secretary of State for the Home Department [2018]
Court of Appeal addresses the immigration detention of persons who have a mental illness and the procedures under which mentally ill detainees can make representations on matters relating to their detention. Citations: VC, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 57
Law Lessons 4 Life 