KNOWLEDGE

CENTRE

Section 3C Explained: A Flowchart for Human Rights Applications

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated...

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...

A Harsher Approach? Four changes in the revised Guidance on Family and Private Life applications

The Home Office issued new Family and Private Life Guidance on 23 February 2018 for applications for leave to remain on the basis of family life as a partner or parent, or on the basis of private life, on a 10 year...

Human rights claim certified as ‘clearly unfounded’? Some points to consider

Recently, we have seen a number of refusal decisions certifying a human rights claim as clearly unfounded under s.94 of the Nationality, Immigration and Asylum Act 2002. The effect of this is that an appeal against...

The Precarious Definition of Precarious - Rhuppiah v. SSHD

On 28 July 2014, section 19 of the Immigration Act 2014 inserted section 117B into the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), the aim of which was to expressly indicate to the Tribunals...

Relevance of ‘little weight’ provisions in section 117B to precarious family life cases

In the judgment of Rajendran (s117B – family life) [2016] UKUT 00138 (IAC) the Upper Tribunal (comprising Upper Tribunal Judges Storey and Perkins) reviewed the provisions of section 117B of the...

Leave to Remain on Private Life Grounds - Amendment to the Immigration Rules

Since 9 July 2012 the Secretary of State has primarily considered Article 8 claims within the context of the Immigration Rules. Appendix FM to those Rules sets out the circumstances in which entry clearance...

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.

Judgment in Virabyan v. Armenia handed down by European Court of Human Rights

In its recent judgment in the case of Virabyan v. Armenia (Application no. 40094/05), the European Court of Human Rights (ECtHR) found Armenia to have breached articles 3, 6 and 14 of the European Convention on...