Category Archives: Deportation

Meaning of “Unduly Harsh” in Deportation Appeals: The Court of Appeal’s Approach

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The Court of Appeal’s judgement in MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450  was  published on 7 June 2016.

The Issue:

As identified by the Court, the principal focus of the two appeals before them ( MM and KO)  was in relation to  the meaning of the term “unduly harsh” in paragraph 399 of the Immigration Rules and section 117C(5) of the Nationality, Immigration and Asylum Act 2002. The  Court acknowledged  that  there  are conflicting decisions of the Upper Tribunal on the meaning of the term “unduly harsh”.  It was further noted that a number of prospective appeals in the Court of Appeal  awaited  the Court’s  judgment in these two cases.

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As An Immigration Lawyer, Surely I Too Can Approach Matters Like Muhammad Ali?

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Muhammad Ali has died.   Why should his death  have such an effect  upon me (and others)?    Sometimes,  it takes  a great mans’ death to seek to know more about him.

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Getting Ready To Make A Bail application: Random Top Tips For Immigration Detainees

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Without it needing to be prolonged, the fact itself of being held in immigration detention  can be quite distressing. Once a person finds themselves detained under immigration powers, it is very most likely with a view to deportation or removal. In such circumstances, the immediate question then becomes when and how best to submit a bail application.

Some several matters set out below may be worth considering  when preparing an application for bail.

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A Proposed Fleecing of Immigrants in the First Tier and Upper Tribunal: The Consultation On New Fees

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Yet again another increase of fees for Home office applications and Tribunal  fees. Read more on my overall view on the proposed higher fees and tactics to buy yourself time to pay.

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

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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.

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

Posted on by Standard 4

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.

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