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Tag Archives: Damian Hanley

MF (Article 8 – New Rules) Nigeria v. SSHD [2012] UKUT 00393 (IAC)

Date posted: 18 July 2012

This is the leading case on the interpretation of the new Immigration Rules that came into force on 9th July 2012 on Article 8 cases for foreign national criminals.  The client’s appeal was allowed on human rights grounds.

KB (Trinidad and Tobago) v. SSHD [2010] EWCA Civ 11

Date posted: 18 July 2010

The Home Office unsuccessfully argued that a different Article 8 test should apply to foreign national criminals, in clear contravention of human rights caselaw, and the client was allowed to keep his indefinite leave to remain in the UK.

NR (Jamaica) v. SSHD [2009] EWCA Civ 856

Date posted: 18 July 2009

A Court of Appeal deportation appeal with one of the main arguments in the appeal being the risk of persecution to the client as a lesbian returning to Jamaica.  The Court of Appeal accepted that the Tribunal had dealt with the issue of the client’s sexuality … Continue reading

SJ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT00082

Date posted: 18 July 2008

A Country Guidance case concerning an Iranian Catholic convert from Islam (JM).  His appeal was successful as the Tribunal found it likely that the appellant  would not be able to practise his religion without persecution if in Iran.

FK (DRC) v. SSHD [2007] EWCA Civ 1545

Date posted: 18 July 2007

An important case dealing with a mother’s attempt to remain in the UK with her British Citizen husband and children.  The Court of Appeal accepted that the Article 8 ECHR assessment of the first Judge was correct and that the client … Continue reading

HH (Rule 23: Meaning Extent) Iraq [2007] UKAIT00036

Date posted:

In asylum appeals the Home Office  gets to see the determination up to 28 days before it is shown to the appellant. This important case put an end to the Home Office practice of appealing a determination prior to it … Continue reading

AS and AA (Effect of previous link determination) Somalia [2006] UKAIT00052

Date posted: 18 July 2006

This case clarified the law in relation to the appeal determination of a family member, confirming that this should be the starting point and the narrative content taken as evidence of what happened up to the date of the determination.

The Queen on the application of Yussuf (Claimant) v. SSHD [2005] EWHC 2847 (Admin)

Date posted: 18 July 2005

A Judicial Review challenge to the Home Office decision to return an asylum seeker to Greece on safe third country grounds.  The application was successful on Article 8 ECHR grounds on the basis that the client had a particularly strong bond … Continue reading

AA (Risk – Geledi – Benadiri clan) Somalia [2002] UKIAT05720

Date posted: 18 July 2002

In this case the Tribunal accepted that members of the Somali Geledi clan should be granted refugee status.