Purposive Approach to 2004 Citizens Directive: Supreme Court Rules No Entitlement to Welfare Benefits For Economically Inactive EU Citizens in the UK

The Supreme Court has just recently  notified the very  interesting  case of  Mirga (Appellant) v Secretary of State for Work and Pensions (Respondent); [2016] UKSC 1 Samin (Appellant) v Westminster City Council (Respondent) [2016] UKSC .

Continue reading

What Exactly Is The Point of Introducing An Intermediary Level A2 English Test Affecting Leave Applications?

At some point from October 2016, in light of announcements made last week by the Government, non-EEA national partners and parents on the family route will be required to pass a speaking and listening test at level A2 in order to qualify, after two and half years in the UK, for further leave to remain on the 5year partner or parent route to settlement.

Continue reading

EEA Deportations: Enhanced Levels of Protection And Periods of Activity, Residence and Imprisonment

The Court of  Appeal’s  recent decisions in Warsame v The Secretary of State for the Home Department [2016] EWCA Civ 16 and Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13  considered the circumstances in  which reliance can be  placed upon   enhanced levels of protection provided within the Citizen’s Directive  in relation to expulsion of   EEA nationals  subject to deportation proceedings.

The central question in Vassallo was  whether the Tribunal was  correct in law to find that Mr Vassallo had acquired a right of permanent residence.  The  Court of Appeal  having   full regard to the  Citizen’s Directive,  relevant  CJEU caselaw and  the 2006 EEA Regulations,  decided  that having regard to the  character of the  EEA national’s  residence in the UK,  after a historical  accrual of  the requisite 5years,  and despite Mr Vassalo having  resided  in the  UK  for  over 50years,  no  right of permanent residence  could be relied upon.

Continue reading

Upper Tribunal Considers that Scope of Article 8 Is Elastic Enough Thereby Enabling a By- Passing of the Adult Dependent Relative Rules by Reference to Exceptional Circumstances

Where there had been lingering doubts  as to whether an “adult dependant relative appeal” can ultimately succeed on the basis of Article 8 of the ECHR before the Tribunal, the newly reported decision of Dasgupta (error of law – proportionality – correct approach) [2016] UKUT 28 (IAC),   answers this question in the positive.

Continue reading

Are the Rights Afforded to Victims of Trafficking(and Modern Slavery) Illusory In Comparison To Those Applicable to Refugee Protection?

Recent changes in the law  mean that in England and Wales, Competent Authority decision makers must decide whether, if someone is not a victim of trafficking ,they are nonetheless a victim of another form of modern slavery.  Therefore in  addition to victims of trafficking, Modern Slavery includes victims of slavery,  victims of servitude and  victims of forced or compulsory labour.

Continue reading

Humanitarian Protection: An Alternative to Refugee Protection

Although strictly speaking, the definition of ’protection claim’ refers to a claim that removal of the claimant from the United Kingdom would breach the United Kingdom’s obligation under the Refugee Convention  or  in relation to persons eligible for a grant of humanitarian protection,  there are also other forms of  protection a claimant may seek to place reliance  upon such  as:

  • Article 3 protection( e.g based upon medical grounds, general country conditions or prison conditions );
  • Protection provided to those who are stateless;
  • Protection provided to those who been subject to trafficking

The consideration of claims for humanitarian  protection  is  however quite different from other forms of protection having regard to  the  interpretation  of the relevant originating provisions including the  criteria that an applicant must fall into.

Continue reading