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Family & Immigration Law

Some of the primary legislation

Some of our recent notable cases

R (on the app of MM) v Secretary of State for the Home Department (2013)
Successful appeal for judicial review in relation to maintenance requirements for the admission of a spouse to the UK. The raising of the minimum income level to be provided by a UK sponsor were ruled to amount to an unjustified and disproportionate interference with the ability of spouses to live together and was contrary to their rights under the ECHR.
[2013] EWHC 1900 (Admin) 5/7/2013. Reported at [2014] Imm AR 2
Navtej Ahluwalia

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

NXT & others v Secretary of State for the Home Department (2011)
The case involved a mother who was held in immigration detention after serving a criminal sentence and the failure to take into account the welfare of her children who were variously placed in the community.
[2011] EWHC 969 (Admin) 15/4/2011
Nadine Finch, Kathryn Cronin & Stephanie Harrison

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 [2009] INLR 123.
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

(1) KG (Sri Lanka) (2) AK (Sri Lanka) v Secretary of State for the Home Department (2008)
Concerning the compatability of the Immigration (EEA) regulations 2006 with EC Directive 2004/38 on the rights of extended family members to reside with EU nationals in the UK.
[2008] EWCA Civ 13 25/1/2008. Reported at [2008] INLR 220.
Nicola Rogers

Singh v Entry Clearance Officer New Delhi (2004)
Adoption and immigration
[2004] EWCA Civ 1075 30/7/04
Stephanie Harrison

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

R v SSHD ex parte Mahmood (2000)
Whether rights of applicant to family life would be threatened following his removal to Pakistan.
[2000] EWCA Civ 315 8/12/00. Reported at (2001) 1 WLR 840
Frances Webber

Useful links

Books

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

Finch book
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