Asylum Immigration and Nationality in UK Law

Leading Cases
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Feb 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • Beoku-Betts v Secretary of State for the Home Department
    • House of Lords
    • 25 Jun 2008

    It also risks missing the central point about family life, which is that the whole is greater than the sum of its individual parts. The right to respect for the family life of one necessarily encompasses the right to respect for the family life of others, normally a spouse or minor children, with whom that family life is enjoyed.

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Jun 2014

    In my judgment, therefore, the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If neither parent has the right to remain, then that is the background against which the assessment is conducted. Thus the ultimate question will be: is it reasonable to expect the child to follow the parent with no right to remain to the country of origin?

  • EB (Kosovo) v Secretary of State for the Home Department
    • House of Lords
    • 25 Jun 2008

    It will, for example, recognise that it will rarely be proportionate to uphold an order for removal of a spouse if there is a close and genuine bond with the other spouse and that spouse cannot reasonably be expected to follow the removed spouse to the country of removal, or if the effect of the order is to sever a genuine and subsisting relationship between parent and child.

  • R (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 Jun 2004

    (4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?

  • R (AH and Others (Sudan)) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening)
    • House of Lords
    • 14 Nov 2007

    Their decisions should be respected unless it is quite clear that they have misdirected themselves in law. Appellate courts should not rush to find such misdirections simply because they might have reached a different conclusion on the facts or expressed themselves differently.

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Legislation
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Books & Journal Articles
  • The Nationality, Immigration and Asylum Act 2002: Secure Borders, Safe Haven?
    • Nbr. 67-4, July 2004
    • The Modern Law Review
  • The Treatment of Foreign Terror Suspects
    • Nbr. 70-3, May 2007
    • The Modern Law Review
    Following the bombings in London of July 2005, the Prime Minister, Tony Blair warned that ‘the rules of the game are changing’. The proposed changes have primarily related to foreign suspects of te...
    ...... of terrorism and engage rules relating to asylum, deportationand nationality . TheTerrorismAct 006 and the Immigration, Asylum and NationalityAct 2006, whichgive e¡ect ......
  • Rights and Rhetoric: The Politics of Asylum and Human Rights Culture in the United Kingdom
    • Nbr. 32-1, March 2005
    • Journal of Law and Society
    No assessment of the state of human rights today could be complete without some consideration of the situation of asylum seekers and the political trends behind it. Four years after the implementat...
    ...... fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside ...Macdonald and F. Webber, Immigration Law and Practice (2001, 5th edn.) at para. 12.128: During the period ......
  • Immigration, immigration, immigration.
    • Vol. 21 Nbr. 4, December - December 2013
    • Renewal
    • Tomlinson, Sally
    • Notebook
    ...... Union stalwarts with anti-European migrant, anti-refugee and anti-asylum seeker elements, and those who remain determinedly 'anti' long-settled .... The 1950s and 1960s . The British Nationality Act of 1948 notionally gave all imperial subjects the right of free entry ......
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Law Firm Commentaries
  • Pre-employment immigration checks – Government advises ‘clear written procedures’ to avoid race discrimination
    • LexBlog United Kingdom
    Employers have a duty under the Immigration, Asylum and Nationality Act 2006 to prevent illegal working in the UK by carrying out pre-employment immigration checks. However, carrying out such check...
    ...Employers have a duty under the Immigration, Asylum and Nationality Act 2006 to prevent illegal working in the UK by carrying ......
  • UK Business Immigration Update on the Prevention of Illegal Working
    • LexBlog United Kingdom
    May 2014   The Home Office has issued a draft Code of Practice on Preventing Illegal Working and the Civil Penalty Scheme for Employers which introduces a number of key changes relating to employee...
    ...... work checks.   As most employers will be aware, the Immigration, Asylum and Nationality Act 2006 imposes a responsibility on employers to prevent ......
  • Statutory illegality did not bar an illegal worker from pursuing her claims
    • JD Supra United Kingdom
    If an employment contract is illegal for some reason both the employer and employee may be prevented from enforcing their rights under it. However much depends on who is involved in the illegality ...
    ...... was whether sections 15 and 21 of the Immigration, Asylum and Nationality Act 2006 meant that an ......
  • Point Of No Return - UK Immigration Rules
    • Mondaq United Kingdom
    ......Penalties will also become more stringent: under the. Immigration, Asylum and Nationality Act 2006, an employer who now. knowingly employs an ......
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