Welcome to the Gherson Blog
Material on our Website
The material on our Website is for general information only, it is current as at the stated date of publication, but does not constitute legal advice. You must take appropriate professional advice before taking or refraining from action based on any material on our Website. Gherson accepts no liability whatsoever for any reliance upon the contents of this Website. Whilst you may access other websites from our Website, and our Website may refer to other websites, Gherson accepts no liability in connection with any other website.
Subscribe to this feed
Posts Tagged 'appeal'
Background Information The appellant is a citizen of Uganda who was granted limited leave to remain in the United Kingdom as a student on 27 September 2010 lasting until 30 April 2012. Before his leave had expired he made an asylum claim and on 7 February 2012 the Secretary of State rejected the claim. Therefore when his asylum claim was refused the appellant had only 11 weeks remaining of his student leave. During his appeals the Upper Tribunal and the Court of Appeal both... Read more »
Posted: Yesterday | Author: Gherson Immigration | Comments (0)
In Tchankotadze v Georgia , a Georgian Official's claim that criminal proceedings had been brought against him for 'ulterior motives' , was rejected by the European Court of Human Rights ("ECtHR") but judges called for a re-examination of the controversial Article 18 jurisprudence, and in particular the standard of proof the applicant is required to meet. Article 18 states that ' restrictions permitted under [the] Convention to the said rights and freedoms shall not be applied for... Read more »
Posted: Yesterday | Author: Gherson Immigration | Comments (0)
On Tuesday 24 June 2016 the ECJ ruled on a challenge to the UK's right to deny some EU migrants child benefit and child tax credits. The case ruling relates to those migrants from the EU who are not legally resident and are "economically inactive". The ECJ found that if this is the case then the UK is permitted to restrict the rights of such migrants and their family members to claim child benefit and child tax credits. The judges rejected the Commission's argument that in checking... Read more »
Posted: 16 June 2016 | Author: Gherson Immigration | Comments (0)
Background and history of the proceedings The appellants are Algerian nationals who were found by the Special Immigration Appeals Commission (SIAC) to constitute a threat to the national security of the United Kingdom. Various Home Secretaries have been trying to deport them to Algeria for several years, which have given rise to protracted litigation. Some of the appeals to SIAC have failed on the ground that deportation to Algeria would not infringe the Appellants' human rights because... Read more »
Posted: 01 June 2016 | Author: Gherson Immigration | Comments (0)
The Court of Appeal has ruled in London Borough of Croydon v Y [ 2016] EWCA Civ 398 that in challenging an age assessment a claimant may need to agree to further age assessments being carried out in order to proceed with the claim. The Appellant in the proceedings, known as "Y", was a Nigerian national who claimed that he had been a victim of physical and sexual abuse in Nigeria and that he was trafficked to the UK. In November 2014 he was detained under the asylum... Read more »
Posted: 23 May 2016 | Author: Gherson Immigration | Comments (0)
Home Office Refuses to Believe Applicant Made An Immigration Application... Then Return Supporting Documents To Him In R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298 the Court of Appeal subjected the SSHD to stinging criticism both for the way in which she handled the application and the management of the subsequent litigation. It is hard not to sympathize with the Appellant, a Nigerian national,... Read more »
Posted: 20 May 2016 | Author: Gherson Immigration | Comments (0)
The Court of Appeal has remitted the matter for re consideration and. The case is a triumph for Human rights but shows the difficulty in applying the law in this type of case. The Court of Appeal in BB, PP, W, U and Others v SSHD [2015] EWCA Civ 9 http://www.bailii.org/ew/cases/EWCA/Civ/2015/9.html has quashed a decision by the Special Immigration Appeals Commission ('SIAC') in which it had found that several Algerian nationals , who had been found to constitute a threat to the UK's national... Read more »
Posted: 03 February 2015 | Author: Gherson Extradition | Comments (0)
The Home Office has indicated when it intends to phase in further reforms to the UK immigration appeals system (as per the Immigration Act 2014). These changes have already been phased in for applications made under the Tier 4 category. [ see here ] As of 2 March 2015 it will no longer be possible to appeal a decision to refuse applications under the Tier 1, Tier 2 and Tier 5 categories. As of this date, the main remedy to challenge such refusals will be to request an Administrative Review... Read more »
Posted: 29 January 2015 | Author: Gherson Immigration | Comments (0)
Amendments to the Criminal Procedure Rules 2014 came into force on 6 October 2014. Part 17 of the Rules covers extradition proceedings. The new Rules add some clarity to the revised appeals system in extradition cases. The Anti Social Behaviour Crime and Policing Act 2014 introduced a permission stage to extradition appeals from the Magistrates' Court to the High Court meaning that appellants must first obtain permission to bring an appeal. However,... Read more »
Posted: 08 October 2014 | Author: Gherson Extradition | Comments (0)
On 29 July 2014 the High Court upheld Raul Angel Fuentes Villota's extradition to Spain where he is accused of membership of the Basque separatist organisation 'ETA' and commission of terrorism related offences. The appellant's lawyers sought to rely upon several grounds of appeal including a technical challenge to the warrant and an argument regarding limitation periods for prosecuting the offences in Spain. Perhaps most shocking though was the allegation that the appellant... Read more »
Posted: 08 August 2014 | Author: Gherson Extradition | Comments (0)
We recently took over a case in which our client and his dependent spouse were refused leave to remain in the United Kingdom as a Tier 2 (General) migrant and a relevant PBS Dependant. Our client had previously been in the UK as a Work Permit holder. Because of the introduction of the Points based system and Sponsorship licenses, our client's employer were not aware until our client's leave to remain was due to expire, that they would need a license in order to continue employing him. ... Read more »
Posted: 20 August 2013 | Author: Gherson Immigration | Comments (0)
Three Afghan nationals who worked as interpreters for British forces serving in Afghanistan have issued a high court claim for judicial review against the Secretary of State. The legal action forms part of a dispute over whether such interpreters should have the opportunity to settle in the UK. The immigration issues of non-British citizens who have served with or alongside Her Majesty's Forces have caused controversy in the past. In 2008 a campaign to allow a greater number of Ghurka... Read more »
Posted: 14 May 2013 | Author: Gherson Immigration | Comments (0)
Gherson has represented many clients in appeals to the First-tier and Upper Immigration Tribunals . Recently we have started to see a worrying trend in withdrawals of the UKBA decision days or minutes prior to the hearing. We have been told that the Home Office Presenting Officer's unit that represents the UK Border Agency at appeals has a new policy that, where they consider the refusal to be indefensible, they withdraw the decision and refer the matter back to the British... Read more »
Posted: 18 January 2013 | Author: Gherson Immigration | Comments (5)
We recently dealt with a Tier 1 (Exceptional Talent) application, which was initially refused. The applicant's dependant partner was also refused, as a result. We sought a review, which was successful. However, the UK visa section overseas refused to review the case of the dependant on the grounds that his was not a points-based application, so review was not a remedy available to him. This created a most peculiar and unfair result. The applicant's visa was granted, but... Read more »
Posted: 17 January 2013 | Author: Gherson Immigration | Comments (1)
In late March 2012 Gherson represented a citizen of Tanzania in a successful appeal to the Upper Tribunal (Immigration and Asylum Chamber) against the entry clearance officer (ECO), Nairobi. The appellant was an elderly lady whose original appeal against the decision of the ECO to refuse her and her brother’s leave to enter as dependent relatives of their nephew (their brother’s son) was heard in the First-tier Tribunal (the ‘FTT’). Her brother’s appeal was allowed by the... Read more »
Posted: 06 June 2012 | Author: Gherson Immigration | Comments (1)
In January 2012 Gherson represented a citizen of the Russian Federation in a successful appeal to the Upper Tribunal (Immigration and Asylum Chamber) against the Entry Clearance Officer (ECO), Moscow. The appellant had appealed against the decision of the ECO to refuse her a visa to visit the UK in February 2011. There had been a mandatory refusal by the ECO under paragraph 320(7A) of the Immigration Rules which applies where false representations have been made or material facts... Read more »
Posted: 29 March 2012 | Author: Gherson Immigration | Comments (2)
In November 2011 Gherson represented a citizen of the Russian Federation in a successful appeal to the Upper Tier Tribunal (Immigration and Asylum Chamber) against the entry clearance officer, Moscow. The appeal was against the refusal of a family visit visa to allow a father to join his wife and son in the UK. The visa was refused on the grounds of deception; the applicant had not disclosed in an earlier application for a visit visa to the UK that he had previously been refused... Read more »
Posted: 02 March 2012 | Author: | Comments (0)
Records per page:
Tags
- appeal (17)
- Article 6 (1)
- Article 8 (8)
- asylum (14)
- British citizenship (23)
- coalition government (14)
- discretionary leave (1)
- dual citizenship (1)
- entrepreneur (5)
- EU migration (38)
- exceptionally talented (3)
- extradition (38)
- family visit (3)
- First Tier Tribunal (3)
- foreign investment (6)
- graduate entrepreneurs (1)
- Home Office (24)
- ILR (6)
- international students (13)
- investor visa (7)
- judicial review (4)
- leave to remain (11)
- Life in the UK test (3)
- PEO appointment (2)
- points-based system (5)
- property investment (1)
- prospective entrepreneurs (3)
- prospective students (10)
- settlement (114)
- tier 1 (12)
- UK immigration (215)
- UK market (7)
- UKBA (134)
- Upper Tier Tribunal (6)
Archive
- July 2016 (4)
- June 2016 (20)
- May 2016 (15)
- April 2016 (10)
- March 2016 (10)
- February 2016 (20)
- January 2016 (9)
- December 2015 (6)
- November 2015 (6)
- October 2015 (20)
- September 2015 (11)
- August 2015 (18)
- July 2015 (12)
- June 2015 (22)
- May 2015 (11)
- April 2015 (13)
- March 2015 (15)
- February 2015 (13)
- January 2015 (10)
- December 2014 (5)
- November 2014 (12)
- October 2014 (13)
- August 2014 (1)
- July 2014 (1)
- March 2014 (3)
- February 2014 (2)
- January 2014 (3)
- December 2013 (2)
- November 2013 (2)
- October 2013 (1)
- September 2013 (8)
- August 2013 (6)
- July 2013 (10)
- June 2013 (6)
- May 2013 (3)
- April 2013 (2)
- March 2013 (6)
- February 2013 (5)
- January 2013 (5)
- December 2012 (4)
- November 2012 (7)
- October 2012 (6)
- August 2012 (1)
- July 2012 (1)
- June 2012 (2)
- May 2012 (1)
- March 2012 (4)