Outrageous, Oppressive, and Unconstitutional Behaviour of the Home Office Wins Non- EEA Family Member Damages

The judgment in Santos, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) is quite lengthy, running to 163 paragraphs,    however makes most  interesting reading in relation to the issues  raised.

Continue reading

Finally Making Sense Of The 7year Rule In Relation to Children: But Is the Upper Tribunal’s Decision In line With EV (Philippines)?

The Upper Tribunal in their recent  decision of PD and Others (Article 8 – conjoined family claims) Sri Lanka [2016] UKUT 108 (IAC)    correctly refused to accede to  the  approach,  that  in considering the applicability  of  the  7Year Rule,  the claim of a “qualifying  child” concerning a family unit,  should be  severed from that of  the parents who did not meet the requirements  of the Immigration Rules.  Not only did the Upper Tribunal  refuse to do  so  but also  in allowing the appeal,  distinguished in relevant parts,  the Court of Appeal decision of  EV (Philippines) v Secretary of State for the Home Department [2014] EWCA Civ 874.

Among other considerations and factors,  the Upper Tribunal  in PD and Others noted  in relation to the  relevant qualifying child  that,   “Critical milestones in both his personal and educational development have been passed and are now looming”;  that he was “ an intellectually gifted young man who has made excellent academic progress” and also observed that the critical stage of his personal and educational development had been reached.

Continue reading

Further Submissions: So Are the Home Office Serious About Making Failed Asylum Seekers Submit Charged Applications In Non – Protection based Human Rights Claims?

The Home Office published a new policy on 19 February 2016 as regards Further Submissions from failed asylum claimants.  There still  remains the general requirement   for claimants  to  submit their  further submissions in person  at Liverpool( subject to certain exceptions),  however  a new stated Policy Intention has been  published.   This  includes relevantly, requiring protection based further submissions from failed asylum seekers to be made in person in Liverpool.  Further submissions on non-protection human rights grounds  are  required to be made by means of a valid charged  application by post to the Home Office.

Continue reading

Court of Appeal Upholds Tribunal ‘s Decision In Highly Unusual Case With An Aggregation Of Extremely Powerful Factors, In Favour Of Intended Deportee

The Court of Appeal in The Secretary of State for the Home Department v JZ (Zambia) [2016] EWCA Civ 116  has just recently  considered  whether both tiers of the Tribunal  correctly applied paragraphs  398 to 399A of the Immigration Rules in a case where a young man was convicted of  serious offences. The Court  concluded   that the  Tribunal was correct in allowing his appeal.

Continue reading