Category Archives: Human Rights
Inflexibility within new mandatory online application process: Redundancy of “10 working day grace period” to pay Immigration Health Surcharge
The new online application process, whilst appearing on the surface to have provided a “straightforward” method of completion of online application forms, in practice has inbuilt inflexibility and unfairness on issues that matter the most, ie fees.
Court of Appeal endorses Upper Tribunal in JG on interpretation of section 117B(6)(b): Reasonable to expect a child to leave the UK and parental relationship
In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019), the Court of Appeal, among other issues considered Section 117(B)(6) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration Act 2014, in the following respects:
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“a genuine and subsisting parental relationship with a qualifying child” in section 117B(6)(a), and
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“it would not be reasonable to expect the child to leave the United Kingdom” in section 117B(6)(b)
The Court of Appeal made it clear that the,“ position has now been reached in which this Court is not only free to depart from the approach taken by Laws LJ in MM (Uganda) but indeed is required to do so in order to follow the binding decision of the Supreme Court in KO (Nigeria)”.
Upper Tribunal on the interpretation of Section 117B(6)(b) and how a “reasonable to leave” construction can be more favourable than an Article 8 proportionality exercise
Following the Supreme Court’s judgment in KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53, the Upper Tribunal in JG (s117B(6) : “reasonable to leave” UK) Turkey (Rev 1) [2019] UKUT 72 (IAC) (15 February 2019), considered the proper construction of Section 117B(6) with the surprsing result that on the facts, an Appellant who was found to be, “both dishonest and unscrupulous, each to a high degree…… flagrantly defied the law of the United Kingdom by overstaying her leave for a large number of years”, succeeded in her appeal.
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Court of Appeal approves Chege on “persistent offender”, sets out when a foreign criminal is socially and culturally integrated in the UK
The appeal in Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551 (04 April 2019) concerned the following:
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whether TB was a “foreign criminal” as defined in Section 117D(2) of the Nationality, Immigration and Asylum Act 2002;
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if so, whether Exception 1 in Section 117C(4) NIAA applies and
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if not, whether the “very compelling circumstances” test is met
