The Court of Appeal interprets s.117B(6)

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum Act 2002. It did so in two respects: Whether s.117B(6)...

Long Residence and Human Rights Appeals

What happens when you complete 10 years’ long residence whilst a human rights appeal is pending?  This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 00065. Relevance of meeting...

A Guide To Private Life Applications

July 2012 saw the introduction of the private life requirements into the Immigration Rules.  The view of the government was that the previous rules did not provide a “clear and comprehensive framework for considering family life and private life”.   The key...

Overstaying your visa in the UK: FAQ

When does someone become an overstayer? An overstayer is a person who has remained in the UK beyond the period they are permitted. This will either be the expiry date on their most recently issued visa, or the date any leave that has been extended by...

The Definition of “Precarious” - Precarious No More? The Case of Rhuppiah v SSHD

On 14 November 2018, the Supreme Court delivered their judgment in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. In making this judgment, the Justices have clarified when an individual’s immigration status should be considered ‘precarious’....

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant) v SSHD [2018] UKSC53. What legislation was in question? Where...

Home Office’s Policy on Children Found “Untenable”

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important principles for appeals and applications involving a relationship...

More Delay: Upper Tribunal considers delay in Home Office decision-making

In two earlier blog posts  we examined how quickly an individual can expect an application to be decided, current visa processing times and the approach to delay.   Further Legal Developments The Upper Tribunal recently dealt with an asylum case...

Can you rely on the parent route of Appendix FM if you are in a genuine and subsisting relationship with your partner?

There are two routes that are most commonly used when applying for leave to remain in the UK under Appendix FM of the Immigration Rules: the partner route and the parent route. It is generally thought that the Rules have created a clear division between the two...

When Must the Seriously Ill or Dying Go Home? The Case of SL (St. Lucia)

Over the years, a significant amount of case law has emerged giving guidance on removing or deporting individuals in heartbreaking circumstances from the UK; namely, when those individuals are severely ill or dying, but are receiving ongoing medical...

Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders

As the war in Eastern Ukraine rages on, there has been a marked increase in the number of Ukrainians migrating to the UK. Many of them are young men seeking asylum, evading the military draft re-introduced in Ukraine on 1 May 2014. The scope of the draft was expanded...