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Posts Tagged 'Article 8'

Substantial culpable delay rendered extradition oppressive and disproportionate

Substantial culpable delay rendered extradition oppressive and disproportionate On 5 January 2016, in the first published extradition judgment from the Administrative Court of the New Year ( Valdas Geleziunas v Lithuania [2016] EWHC 16 (Admin)), Mr Justice Sweeney overturned a decision of District Judge Purdy to extradite Valdas Geleziunas to Lithuania in connection with an allegation of dishonestly obtaining scaffolding equipment worth approximately £8,000. The allegation dated... Read more »

Posted: 06 January 2016 | Author: Gherson Extradition | Comments (0)

Do Adult "Children" have Rights to Family Life under Article 8?

Do Adult "Children" have Rights to Family Life under Article 8? A recent decision of the Upper Tribunal considered this question in the case of Singh and another v Secretary of State for the Home Department (SSHD) [2015] ECWA Civ 630. Article 8 of the European Convention on Human Rights (ECHR) provides for the right to respect for private and family life. The case concerned two adult brothers from India (aged 24 and 26) who had been refused indefinite leave to remain in the UK. Their... Read more »

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

Is it justified for a person to be deemed 'stateless'?

A summary of the Supreme Court ruling in Secretary of State for the Home Department v Al Jedda [2013] UKSC 62 A person who is deemed stateless is severely restricted from pursuing a normal life. As a consequence, a number of basic rights are lost, from the ability to rely on diplomatic assistance to having no home country with an automatic right to return . Is making such an order ever justified on the grounds that it is conducive to the public good? This question was addressed in the recent... Read more »

Posted: 07 March 2014 | Author: Gherson Immigration | Comments (0)

Gherson appeals on behalf of Tier 2 migrant

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)

Landmark case rules family member financial requirements unjustified

A recent case from the High Court has held that the introduction of the requirement for a British citizen to earn £18,600 per year in order to qualify to bring their family member to the UK is an unjustified and disproportionate interference with the ability of spouses to live together and contrary to Article 8 of the ECHR . Subsequent to the determination being issued the Home Office has announced it will suspend making decisions on applications where the financial requirements... Read more »

Posted: 26 July 2013 | Author: Gherson Immigration | Comments (0)

Judges blamed for "ignoring" the deportation law

Home Secretary Theresa May has accused judges of making the UK more dangerous by ignoring rules aimed at deporting more foreign criminals. Last year, MPs approved new guidance for judges making clear a criminal's right to a family life had limits. The guidance made clear the right to a family life - set out in Article 8 of the European Convention on Human Rights - was only qualified. The change was designed to end a string of cases where it was used to justify granting foreign criminals... Read more »

Posted: 25 February 2013 | Author: Gherson Immigration | Comments (0)

Another Gherson success at Upper Tribunal

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)

Gherson success at Upper Tribunal

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)

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