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
Tag: IMMIGRATION
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]
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
Khan v The Secretary of State for the Home Department [2018]
The Claimant, Exmoor Surgery, is a General Practitioners' practice providing primary medical services to around 3,200 patients within the London Borough of Kensington and Chelsea. On 13 December 2016, UK Visas and refused Exmoor Surgery's application for a Tier 2 (general) sponsor licence. The Claimant seeks judicial review of this decision. Citation: Khan, R … Continue reading Khan v The Secretary of State for the Home Department [2018]
X v. Sweden (App no. 36417/16)
The applicant is a Moroccan national who was granted a Swedish residence permit. The Swedish Security Service applied to the Migration Agency for an order to expel him, saying that he was a national security threat. He applied for asylum and international protection during the Migration Agency’s examination of the case, arguing that as the … Continue reading X v. Sweden (App no. 36417/16)
Nwankwo v Secretary of State for the Home Department [2018]
The important issue of principle in these cases concern the test which should be applied by the Upper Tribunal when considering an application for permission to appeal to the Court of Appeal in cases of this kind. Citation: Nwankwo & Anor v Secretary of State for the Home Department [2018] EWCA Civ 5
R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
In assessing costs under CPR r.44.2, courts could and ought to take into account the fact that lawyers practising in publicly-funded work might not be able to recover remuneration at inter partes rates where they were successful, and that there was a real risk that publicly-funded practices would be unsustainable and access to justice compromised. … Continue reading R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
The appellant Sri Lankan national appealed against a refusal ([2014] EWCA Civ 829) of his application for asylum. The respondent secretary of state had accepted that the appellant had been a member of the Liberation Tigers of Tamil Eelam, and that he had been detained and tortured by the Sri Lankan security forces. However, she … Continue reading MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
TAIWO v OLAIGBE & ANOR : ONU v AKWIWU & ANOR (2016)
In conjoined appeals, two migrant domestic workers appealed against a decision ([2014] EWCA Civ 279) that their employers' mistreatment of them did not amount to race discrimination contrary to the Equality Act 2010 and the Race Relations Act 1976. The workers were in the UK on migrant domestic worker's visas obtained for them by their … Continue reading TAIWO v OLAIGBE & ANOR : ONU v AKWIWU & ANOR (2016)
PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)
The appellant Sri Lankan national appealed against a decision to refuse him entry clearance. The appellant had lived in Sri Lanka with his parents and three siblings. His father came to the UK and obtained indefinite leave to remain in 2010. Shortly afterwards his brother entered the UK on a student visa. The appellant's … Continue reading PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)
Law Lessons 4 Life 