Border Control in UK Law
-
Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
“
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.
-
VW (Uganda) v Secretary of State for the Home Department; AB (Somalia)
“
Ms Busch adopts what I said in §11–14 of my judgment in that case. But for the present, at least, the last word on the subject has now been said in EB (Kosovo). While it is of course possible that the facts of any one case may disclose an insurmountable obstacle to removal, the inquiry into proportionality is not a search for such an obstacle and does not end with its elimination. It is a balanced judgment of what can reasonably be expected in the light of all the material facts.
-
R (Razgar) v Secretary of State for the Home Department
“
The answering of question (5), where that question is reached, must always involve the striking of a fair balance between the rights of the individual and the interests of the community which is inherent in the whole of the Convention. The severity and consequences of the interference will call for careful assessment at this stage. The Secretary of State must exercise his judgment in the first instance.
-
EB (Kosovo) v Secretary of State for the Home Department
“
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 Onkarsingh Nagre v Secretary of State for the Home Department
“
It is only if, after doing that, there remains an arguable case that there may be good grounds for granting leave to remain outside the Rules by reference to Article 8 that it will be necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under the new rules to require the grant of such leave.
-
MF (Nigeria) v Secretary of State for The Home Department
“
Rather it is that, in approaching the question of whether removal is a proportionate interference with an individual's article 8 rights, the scales are heavily weighted in favour of deportation and something very compelling (which will be "exceptional") is required to outweigh the public interest in removal.
-
Chikwamba v Secretary of State for the Home Department
“
I am far from suggesting that the Secretary of State should routinely apply this policy in all but exceptional cases. Rather it seems to me that only comparatively rarely, certainly in family cases involving children, should an article 8 appeal be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad. Better surely that in most cases the article 8 claim be decided once and for all at the initial stage.
- The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021
- The Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021
- The Town and Country Planning (North Wales Border Control Post) (EU Exit) Special Development Order 2023
- The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021
-
Border Control and the Limits of the Sovereign State
As has been widely recognized and commented upon, border controls across Europe and America have been strenuously tightened since September 11th. In fact, of course, the movement of certain non-cit...
-
The changing border: developments and risks in border control management of Western countries
In recent decades we have witnessed the development of a new type of migration regulation and border control in Europe, North America and Australia. In this new system of controls, the focus is les...
-
Penal power and border control: Which thesis? Sovereignty, governmentality, or the pre-emptive state?
This article provides a critical review of key theoretical positions relevant to border control and sets out an agenda for developing these ideas. In 2005 Mythen and Walklate published a theoretica...
-
The EU Asylum, Immigration and Border Control Regimes: Including and Excluding: The “Deserving Migrant”
It can be argued the EU Reception Conditions Directive constitutes an improvement on international refugee law in that it creates entitlements to welfare for asylum seekers. However, this developme...
-
UK further delays border control checks on EU food imports
The United Kingdom has again pushed back border control checks for some food products imported from the European Union. The UK government cited the impact of the coronavirus pandemic on businesses ...
- Home Office Sets Out Immigration And Border Control Strategy To 2025
- Davey Takes Control Of Cross-Border Energy Projects
-
Weekly Data Privacy Alert – 6 April 2015
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cyber Security team. This week’s alert covers news from the EU, the UK and the US. Australia N...