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
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)
MG, R (On the Application Of) v The Secretary of State for the Home Department [2018]
This claim concerns a judicial review challenge by a Namibian national who entered the UK in 2006, overstayed her leave, thereafter committed several criminal offences and is subject to deportation. The issues are whether the Defendant's refusal to treat the Claimant's various sets of further submissions as fresh claims within the meaning of paragraph 353 … Continue reading MG, R (On the Application Of) v The Secretary of State for the Home Department [2018]
AS v Circuit Court In Poznan (Poland) [2018]
The appellant brings this appeal against the judgment the effect of which was to grant a request that she be extradited to Poland. She appeals on the grounds that she should not be extradited on Article 8 ECHR grounds, given the long term impact of extradition on the welfare on her children. Citation: AS v … Continue reading AS v Circuit Court In Poznan (Poland) [2018]
SM (Afghanistan) v The Secretary of State for the Home Department [2018]
This is an appeal against an order that there should be no order as to costs in judicial review proceedings which were resolved by consent between the parties. The issue raised on this appeal is solely concerned with the appropriateness of that costs order in that the Appellant had succeeded in whole or in part … Continue reading SM (Afghanistan) v The Secretary of State for the Home Department [2018]
Stewart v Birmingham City Council [2018]
This is a claim for judicial review concerning the decision of a local authority that a child was not a "child in need" for the purposes of section 17 of the Children Act 1989, and the consequential refusal to provide the child and her parents with accommodation. It is claimed that the decision was unlawful, … Continue reading Stewart v Birmingham City Council [2018]
Law Lessons 4 Life 