In another case in which the courts have overturned policy that is designed to control immigration without adequate regard to rights arising under the ECHR, the Supreme Court has decided that Article 8 of the ECHR prevents a complete ban on the entry for settlement of foreign spouses or civil partners unless both parties were aged 21 or over. This was contained in the Immigration Rules, para 277, and was meant to deter forced marriages. However, it might achieve also the prevention of many non-f ...
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1. When applying the judgment of the Court of Justice of the European Union in Ruiz Zambrano (European citizenship) [2011] EUECJ Case C-34/09 OJ 2011 C130/2 and that of the Supreme Court in ZH (Tanzania) [2011] UKSC 4; [2011] 2 WLR 148, in relation to the proposed administrative removal or deportation of one or both of his non-national parents, the welfare of a child, particularly a child who is a British citizen, is a primary consideration. 2. National courts must engage with the ...
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Where the likely income of a family falls below the level of adequacy as established in the case of KA and others (Adequacy of Maintenance) Pakistan [2006] UKAIT 00065 the shortfall can be met where there are sufficient savings. The assessment of the appropriate level of savings is not an arbitrary calculation and the proper reference is to the length of the initial visa. If an appellant is able to meet the requirements of adequacy for the period of the initial visa, and there is no reason to be ...
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Proof of the requisite funds for ‘Maintenance’ under the Points Based System is retrospective. For example, a student must show that the funds were available for a continuous period of 28 days before the application for entry clearance or leave to remain was made. If, throughout that period, an overdraft facility could have been used to withdraw the requisite funds, there is nothing in principle or in the Rules to prevent that from demonstrating that the requisite funds w ...
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The requirement in paragraph 11 of Appendix C of the Statement of Changes in the Immigration Rules HC 395 (as amended) is that the funds be “available”. It is unhelpful to ry to paraphrase that. Funds required by paragraph 11 of Appendix C can take the form of a credit card limit.
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(1) There is a high level of domestic violence in Bangladesh. Despite the efforts of the government to improve the situation, due to the disinclination of the police to act upon complaints, women subjected to domestic violence may not be able to obtain an effective measure of state protection by reason of the fact that they are women and may be able to show a risk of serious harm for a Refugee Convention reason. Each case, however, must be determined on its own facts. (2) Und ...
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(1) When deciding whether an EEA national is a worker for the purposes of the EEA Regulations, regard must be had to the fact that the term has a meaning in EU law, that it must be interpreted broadly and that it is not conditioned by the type of employment or the amount of income derived. But a person who does not pursue effective and genuine activities, or pursues activities on such a small scale as to be regarded as purely marginal and ancillary or which have no economic val ...
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1. The personal scope of the safeguards against expulsion which Article 27 of 2004/38/EC (the “Citizens Directive”) affords to “family members” does not include "other family members"(OFMs). 2. Hence Exception 3 to s.32(4) and (5) of the UK Borders Act 2007 (which arises where the removal of a foreign criminal from the United Kingdom in pursuance of a deportation order would breach the rights of the foreign criminal under the EU treaties [previously “Community tre ...
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The appellants (all adults) were in the UK unlawfully. They had a maternal cousin who was a Dutch citizen who they had previously lived with in Nigeria and who had been supporting them financially both in Nigeria and in the UK. In 2008, after the appellants had arrived in the UK, the cousin moved to the UK and began exercising her Treaty Rights. The appellants’ applications for Residence Cards as the “extended family members” of the cousin were refused by the UKBA. The Immigrat ...
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The Supreme Court held that an Upper Tribunal decision refusing permission to appeal to itself from a determination of the First-Tier Tribunal (including in an asylum case as per MR (Pakistan)) is amenable to judicial review in the High Court and that the Court of Appeals' approach in Cart was too restrictive in requiring 'outright excess of jurisdiction' or 'denial of procedural justice'. Rather the test to be applied by the High Court on such a judicial review application s ...
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