Severe delays are not uncommon in immigration and asylum cases, as many applicants discover to their dismay. Here, Home Office inertia was a key reason why a woman’s deportation became unlawful.
“Every child matters”: but in immigration law, some children matter more than others. Join us for a lively discussion of the major legal developments on child rights in the immigration context followed by food and drink.
Minimum income requirements for spousal visas are lawful, but breach duty to safeguard children – says UK Supreme Court
For families divided by Home Office income requirements, this latest case on the human right to family life offers mixed results. While the main challenge to the Rules failed, parts of the policy were heavily criticised.
The Home Office accused Mr Iqbal of cheating in his English language test. They cancelled his visa and detained him and his wife. The High Court has now found that the Home Office had failed to prove he cheated and had detained him unlawfully.
The law on automatic removal of “foreign criminals” from the UK imposes no duty on Secretary of State to keep making deportation orders after a revocation decision.
The Home Office accuses detainees of deception frequently.
Resolving these disputes is not easy and, according to the Court of Appeal, requires careful analysis.
The Court of Appeal has asserted the relevance of the Immigration Rules in Article 8 appeals against deportation orders, taking a fine tooth-comb to Tribunal decisions that don’t attach sufficient weight to the Rules.
Whether deportation of a “foreign criminal” infringes a person’s right to family and private life in the UK cannot be assessed only through the prism of the Immigration Rules. However, Judges must give considerable weight to the Rules, according to the Supreme Court cases of Ali and Makhlouf.
As the prospect of a ‘hard’ Brexit looms, join barristers from 36 Immigration to discuss the coming changes to immigration enforcement, the rights of EEA nationals and EU refugee policy.