Immigration 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

    There will, in almost any case, be certain general considerations to bear in mind: the general administrative desirability of applying known rules if a system of immigration control is to be workable, predictable, consistent and fair as between one applicant and another; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; the need to discourage non-nationals admitted to the country temporarily from believing that they can commit serious crimes and yet be allowed to remain; the need to discourage fraud, deception and deliberate breaches of the law; and so on.

    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.

  • Mahad v Entry Clearance Officer (sub noms AM (Ethiopia) v Entry Clearance Officer & AM (Somalia) v Entry Clearance Officer)
    • Supreme Court
    • 16 Dec 2009

    The Rules are not to be construed with all the strictness applicable to the construction of a statute or a statutory instrument but, instead, sensibly according to the natural and ordinary meaning of the words used, recognising that they are statements of the Secretary of State's administrative policy. But that intention is to be discerned objectively from the language used, not divined by reference to supposed policy considerations.

  • 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?

  • 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.

  • 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.

  • 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?

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Immigration Health Surcharge
    • Mondaq UK
  • New Immigration Rules Released
    • Mondaq UK
  • Brexit Immigration Update
    • LexBlog United Kingdom
    Immigration continues to dominate the Brexit debate – here is a round-up of where we currently stand: Can they stay or must they go? EEA nationals currently in the UK According to Telegraph reports...
  • U.K. Immigration 101
    • JD Supra United Kingdom
    There are various types of visas for the U.K. They are designed for different purposes and lengths of stay. U.K. visas are available under many diverse categories. This article gives a high-level o...
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