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Archive for November, 2015

Challenge to English language test requirement for spouses and partners of British citizens or persons settled in the UK is dismissed by the Supreme Court

Challenge to English language test requirement for spouses and partners of British citizens or persons settled in the UK is dismissed by the Supreme Court Last week the Supreme Court delivered its long awaited judgment in the case of R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 . The appellants in this case tried to challenge the 2010 change in the Immigration Rules requiring spouses or partners of British citizens and persons settled... Read more »

Posted: 30 November 2015 | Author: Gherson Immigration | Comments (0)

Leak reveals Government proposals to replace Human Rights Act

Leak reveals Government proposals to replace Human Rights Act In its manifesto , the Conservative Party pledged to "scrap the Human Rights Act [HRA], and introduce a British Bill of Rights". It said that this would "break the formal link between British courts and the European Court of Human Rights, and make our own Supreme Court the ultimate arbiter of human rights matters in the UK". However, since the election, some doubt has arisen over what exactly the Government had in mind. It... Read more »

Posted: 26 November 2015 | Author: Gherson Immigration | Comments (0)

Adoptions and EEA family permits

Adoptions and EEA family permits The Court of Appeal (Civil Division) has recently considered whether an adoption order issued abroad would entitle an applicant child to be granted entry in the UK with his adoptive parents. The case, known as SM (Algeria) v Entry Clearance Officer, UK Visa Section [2015] EWCA Civ 1109, reached the Court of Appeal following the Entry Clearance Officer's (ECO) appeal against a determination of the Upper Tribunal (UT). The UT had allowed the child's appeal... Read more »

Posted: 25 November 2015 | Author: Gherson Immigration | Comments (0)

Statement of Changes to the Immigration Rules of 29 October 2015: Main Changes for Asylum

Statement of Changes to the Immigration Rules of 29 October 2015: Main Changes for Asylum The Immigration Minister, James Brokenshire, announced the latest Statement of Changes to the Immigration Rules, the third since the General Election, in a written statement to the Commons last Thursday. Amongst the changes, there are some major amendments to Part 11 of the Rules, which relates to asylum. Revocation and refusal to renew a grant of protection (refugee status or humanitarian protection)... Read more »

Posted: 25 November 2015 | Author: Gherson Immigration | Comments (0)

Home Office Found to Have Unlawfully Detained Child Asylum Seeker

Home Office Found to Have Unlawfully Detained Child Asylum Seeker In the case of Home Office v VS [2015] EWCA Civ 1142 the Court of Appeal upheld the High Court ruling that the Home Office had unlawfully detained a child asylum seeker. VS came to the UK on 2 July 2012 to seek asylum. VS was arrested on the morning of his arrival after he was seen getting out of a lorry and he was detained under the Immigration Act 1971. On arrival at the immigration detention centre VS gave his details... Read more »

Posted: 10 November 2015 | Author: Gherson Immigration | Comments (0)

R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015]: Court of Appeal rules "deport first, appeal later" policy is lawful.

R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015]: Court of Appeal rules "deport first, appeal later" policy is lawful. The Court of Appeal judges ruled on 13 October 2015 that the Home Office policy of "deport first, appeal later" does not amount to an interference with the European Convention on human rights. However, the Court provided some helpful guidance on the interpretation of 94B and its interplay with Article 8 of the Convention (the right... Read more »

Posted: 04 November 2015 | Author: Gherson Extradition | Comments (0)

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