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Immigration and family issues

Some of the primary legislation

Some of our recent notable cases

Rhomaine Mohan v Secretary of State for the Home Department (2012)
The Upper Tribunal had acted unlawfully in dismissing an appeal against deportation in circumstances where the deportee was engaged in extant family proceedings concerning the best interests of his child. In so holding the Court relied upon the procedural protection afforded by Article 8 ECHR and the submission that by dismissing the deportation appeal the Tribunal had impermissibly pre-empted and prejudiced the family proceedings. Unanimous judgment.
[2012] EWCA Civ 1363 23/10/12
Adrian Berry

Peart v Secretary of State for the Home Department (2012)
Deportation appeal allowed on the basis that the immigration judge had failed to properly consider the appellant’s child’s best interests, failed to consider the best interests of all family members cumulatively and in the round, and had failed to give the appellant credit for evidence of positive change.
[2012] EWCA Civ 568 1/5/2012
Stephen Knafler QC & Alex Grigg

Z and B v C (2011)
Issues concerned an application for a parental order by a same sex couple of Israeli origin and whether one of the applicants had been domiciled in England at the time of the application.
[2011] EWHC 3181 (Fam) 2/12/2011. Reported at (2012) Fam Law 287.
Kathryn Cronin

R (Clue) v Birmingham (2010)
A local authority had been wrong to deny assistance to a family awaiting a decision on their application for indefinite leave to remain in the UK. Consideration should have been paid to their welfare whilst their application was in process.
[2010] EWCA Civ 460 29/4/2010. Reported at (2010) 4 All ER 423
Stephen Knafler QC & Nadine Finch

EM (Lebanon) v SSHD (2008)
Removal of mother and child to Lebanon, where they would be separated would breach article 8 of the ECHR.
[2008] UKHL 64 22/10/2008. Reported at [2008] 2 FLR 2067.
Frances Webber and Stephanie Harrison

R (Baiai) v Secretary of State for the Home Department (2008)
Whether a certificate of approval for marriage can be refused to an illegal entrant who asserts the right to marry under Article 12 ECHR
[2008] UKHL 53 30/7/2008. Reported at (2008) 3 WLR 549
Adrian Berry

AL (Serbia) v SSHD (2008)
The case concerned the family ‘indefinite leave to remain’ exercise and whether it was unlawful to exclude unaccompanied minors from its ambit.
[2008] UKHL 42 25/6/2008. Reported at (2008) 1 WLR 1434.
Nicola Rogers

Azad v SSHD (2000) (no link)
Validity of marriage
[2000] EWCA 20/12/00
Rick Scannell

R v SSHD ex parte Mahmood (2000) (no link)
Whether rights of applicant to family life would be threatened following his removal to Pakistan.
[2000] EWCA 8/12/00
Frances Webber

Singh v UK (2006)
Adoption and immigration
[2006] ECHR 606 8/6/06. Application no. 60148/00
Stephanie Harrison

Useful links


Immigration Practice and Procedure in Family Proceedings (Jordan Publishing, 2013) by Nadine Finch, Omar Shibli and Anthony Vaughan

Immigration Practice and Procedure in Family Proceedings book jacket