G & H, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 239 was acknowledged by the Administrative Court to be “ one of those rare cases in which the court has given permission to proceed in an application for judicial review of an Upper Tribunal FTT permission refusal”. As was noted by the Court at paragraph 5 of their judgement, one of the features of the case was that the Secretary of State advanced contentions which, even though the claimant had satisfied the test identified in Cart and other procedural requirements in CPR 54.7A, would require the claimant to surmount a new substantive hurdle limiting the grounds upon which the High Court can grant judicial review.
Category Archives: Appeals
Suckoo: Yet Again, Court of Appeal Reviews and Reiterates Proper Approach To Take in Deportation Appeals
Since the “ new rules” on deportation were introduced in July 2012, not a lengthy period of time goes by without the Court of Appeal providing or re-iterating guidance upon the issues surrounding the deportation of foreign criminals.
Gender-Specific Persecution And Harmful Traditional Practices: Is There Some Chance of Obtaining Asylum in the UK By Reference to Applicable Caselaw?
Women seeking to claim protection in the United Kingdom arising out of forms of persecution that are gender – specific such as female genital mutilation, domestic violence, crimes of honour have to overcome several hurdles in order to obtain that protection in the UK.
Continue reading this Article where Alice provides an overview of the cases concerning Gender-Specific Persecution.
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.
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.
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.