Articles categorised Immigration and Asylum Law
Case Comment: Fairness versus diplomacy: protecting witnesses in national security cases, W (Algeria) v SSHD [2012] UKSC 8
By Alison Macdonald, Matrix
On 7 March 2012, the Supreme Court gave judgment in seven linked cases, now known as W…
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Case Comment: R (Bibi & Anor) v Secretary of State for the Home Department [2011] UKSC 45
In 2008 the government adopted a new policy to combat forced marriages. It amended paragraph 277 of the Immigration Rules to ban the entry for settlement of foreign spouses or civil partners unless both parties were aged 21 or over. The government clai…
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Case Comment: Shepherd Masimba Kambadzi (previously SK (Zimbabwe)) v SSHD [2011] UKSC 23
The handing down of the decision in Kambadzi (previously SK Zimbabwe) relatively shortly after Lumba is welcomed not least given that the Lumba judgment seemed to have caused some confusion amongst lawyers acting for the Secretary of State as to its ra…
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Case Comment: FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22
The Supreme Court has decided that guidance is needed from the CJEU on a number of issues relating to the scope of the principle of equivalence.
This is the principle of EU law which requires that the procedural rules relating to the domestic enforceme…
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Case Comment: ZH (Tanzania) v SSHD [2011] UKSC 4
The five bench Supreme Court judgment in this case is a landmark decision following in the line of significant judgments from the House of Lords on Article 8 ECHR which have emerged in the last few years including in particular Beoku-Betts [2008] UKHL …
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Case Comment: R (JS)(Sri Lanka) v Secretary of State for the Home Department [2010] UKSC 15
The decision in R (JS)(Sri Lanka) v Secretary of State ([2010] UKSC 15) is the first of a series of cases before the higher courts to reach the Supreme Court on the issue of exclusion from refugee status under article 1F of the Refugee Convention. In…
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Case Comment: AM (Somalia) and others v Entry Clearance Officer [2009] UKSC 16
In brief, then, in its judgment given on 16 December 2009 the Court unanimously held that an Entry Clearance Officer was obliged to take into account support by persons other than the sponsor in assessing applications for entry clearance under Immigrat…
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Case comment: BA (Nigeria) v Secretary of State for the Home Department [2009] UKSC 7
This decision will undoubtedly be welcomed by individuals in immigration and asylum cases. It drives a coach and horses through the current “fresh claim” regime which until this decision required the applicant to meet an additional hurdle before …
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