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 March 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.

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

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

  • R (Mahmood) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 08 December 2000

    If the established rule is to the effect —as it is —that a person seeking rights of residence here on grounds of marriage (not being someone who already enjoys a leave, albeit limited, to remain in the UK) must obtain an entry clearance in his country of origin, then a waiver of that requirement in the case of someone who has found his way here without an entry clearance and then seeks to remain on marriage grounds, having no other legitimate claim to enter, would in the absence of exceptional circumstances to justify the waiver, disrupt and undermine firm immigration control because it would be manifestly unfair to other would-be entrants who are content to take their place in the entry clearance queue in their country of origin.

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

    This is because the right of sovereign states, subject to treaty obligations, to regulate the entry and expulsion of aliens is recognised in the Strasbourg jurisprudence (see Ullah and Do, para 6) and implementation of a firm and orderly immigration policy is an important function of government in a modern democratic state. In the absence of bad faith, ulterior motive or deliberate abuse of power it is hard to imagine an adjudicator answering this question other than affirmatively.

    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.

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Legislation
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Books & Journal Articles
  • Immigration, immigration, immigration.
    • Vol. 21 No. 4, December - December 2013
    • Renewal
    • Tomlinson, Sally
    • Notebook
    ...It's deja vu all over again: the rise of a xenophobic nationalist party upsetting the established political parties, who then feel they have to compete in demonstrating their anti-immigrant credentials. This is a recurrent scenario in a number of Eur......
  • Immigration
    • No. 1-1, January 1946
    • International Journal
    • 0000
  • Authority and Immigration
    • No. 71-3, August 2023
    • Political Studies
    • 0000
    States claim to have authority over prospective immigrants who have not yet been admitted but are nonetheless expected to comply with immigration law. But what could ground such an authority claim?...
  • Perspectives on European Immigration Policies
    • No. 10-3, September 2009
    • European Union Politics
    • 0000
    Three books studying European immigration from the perspectives of economics, political science and sociology reach different conclusions on some key aspects of this policy. I suggest three avenues...
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Law Firm Commentaries
  • 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...
  • UK Immigration: Post-Brexit Immigration Rules Published
    • JD Supra United Kingdom
    The UK government has now published a Statement of Changes setting out the rules for the new UK immigration system. Applications under the new system will open on December 1, 2020 for non-EEA natio...
  • UK Immigration Law Update
    • JD Supra United Kingdom
    Employers in the UK should be aware of key legal developments, including an increase in unannounced compliance visits and recent updates to the Sponsorship Management System. Over the last f...
  • UK Immigration – Statement of Changes
    • JD Supra United Kingdom
    A Statement of Changes in Immigration Rules was presented to Parliament yesterday. Those that are most relevant to business immigration are summarised below.
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Forms
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