KNOWLEDGE

CENTRE

Court of Appeal: Entry Clearance Refusals Can Breach Article 8

In Saleh Ahmed Handule Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 the Court of Appeal confirmed in principle that the right to respect for a person’s pre-existing private...

A Guide to Human Rights Claims in UK Immigration Applications

Applications for leave to enter or remain in the UK can be made, in certain circumstances, on the basis that to require the individual to leave the UK or to not allow them entry into the UK would be a breach of...

Section 117B Public Interest Considerations Explained

When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any...

Exceptional Circumstances in Appendix FM Family Visa Applications

Paragraph GEN.3.2. of Appendix FM represents an exception to the requirements of Appendix FM by potentially allowing an application for entry clearance or leave to remain to be granted where a refusal would constitute...

Overstaying and applying for further leave to remain

When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of...

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment

Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining...

Family life depends on the substance of the relationship, not the form

The Court of Appeal has helpfully confirmed in the case of Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 that the existence of family life depends on the substance of the relationship,...

What are ‘insurmountable obstacles’ to family life?

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to...

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...

MF (Nigeria) v. Secretary of State for the Home Department [2013] EWCA Civ 1192 (CA)

Do the Immigration Rules provide a complete code when considering whether the deportation of a foreign national criminal is contrary to Article 8 ECHR? Yes held the Court of Appeal in MF (Nigeria) v SSHD [2013] EWCA Civ 1192, promulgated on 8/10/13.

Izuazu (Article 8 – new rules) [2013] UKUT 00045 (IAC) - Case Summary

Following the amendments to the Immigration Rules on 9th July 2012, when Appendix FM was introduced to address applications for leave to enter or remain in the UK by family members,...

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261

In this case, the Court of Appeal discussed whether or not there is a 'near miss principle' in Article 8 cases.