Tag: Human rights

Parents’ immigration history is relevant to whether it’s reasonable to remove settled children from the UK

Senior judges have found (yet again) that children can be punished for the sins of their parents, giving a green-light to the Home Office to remove families from the UK (even if they have not committed any crime).

How to use statistics and dental x-rays in age assessment disputes?

The Upper Tribunal has given guidance on the correct approach to statistical evidence in the context of dental x-rays in age assessment disputes.

No such thing as an average case where children are concerned, says Court of Appeal

There is a growing judicial consensus that the demanding test for serious offenders to resist deportation on grounds of family life ought to be applied with some flexibility.

UPDATE: Home Office delay of 9 years ‘critical’ in deportation appeal

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.

Rights of the Child: a 36 Immigration forum

“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.

Couple stranded at Heathrow airport win claim for unlawful detention

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.

No duty on Secretary of State to keep making deportation orders after revocation

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.

Allegations of deception made against immigration detainees must be carefully considered

The Home Office accuses detainees of deception frequently.
Resolving these disputes is not easy and, according to the Court of Appeal, requires careful analysis.

Ordinary family ties won’t stop deportation of “foreign criminals”, finds Court of Appeal

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.