When new Immigration Rules were introduced in 2012, one of the most controversial additions was the minimum income requirement for British/settled spouses hoping to sponsor their foreign partners. The required salary was set at £18,600 per annum, significantly higher than the…
Until recent media coverage of an increase in people crossing the English Channel by boat, Brexit debates have largely overlooked the future of asylum and international protection after the UK leaves the EU on March 29. The UK's options are challenging – and the risks for…
R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC) (26 October 2018)
A self-representing applicant for judicial review who in the Upper Tribunal's view "represented herself with eloquence and courtesy", Mrs Prathipati triumphed…
INTRODUCTION
ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier…
R (Khan) v SSHD (Dishonesty, Tax Return, Paragraph 322(5)) [2018] UKUT 384 (IAC) (3 May 2018)
Migrants in the defunct Tier 1 (General) category used to be a viable source of highly skilled workers for the UK. Since the route was susceptible to abuse the Home Office abolished it…
In a small victory for those fighting against the creeping demands of the UK government's immigration system, an NHS data service has withdrawn from an agreement in which it provided information on suspected irregular immigrants to the Home Office. The agreement was part of what was…
On 14th November 2018 the Supreme Court gave judgment in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. The effect of this decision is that:
(a) A claimant at the Immigration Tribunal who relies on their private (not family) life under Article 8 will be…
AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018)
The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. But if such persons are for good reason unable to produce…
Full analysis of this landmark judgment sets out fresh guidance for immigration cases on the law of children's best interests, and the extent to which parental misconduct can be considered in human rights claims involving settled children.
The UK Supreme Court has given judgment in…
R (on the application of Hemmati and Others) v The Secretary of State for the Home Department [2018] EWCA Civ 2122: The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed…
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