Zambrano meets Chavez-Vilchez

By on June 26, 2017

In Zambrano the Court of Justice of the European Union found that EU citizens who are nationals of the state where they live and have never exercised their free movement right to live in another EU country have rights to the presence of their third country national family members. This doctrine was first established in 2011 and has become known as the Zambrano principle....

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The Cure

By on June 7, 2017

The Judgement in the case of Paposhvilli v Belgium had a significant impact on the future of many applicants who argue that they should be allowed to remain in the United Kingdom because of their medical conditions. So far the Home Office has not issued guidance on the approach she will take on medical cases in light of the observations made by the Court (Grand Chambers 2016/ECHR1113). ...

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Grandpa’s love wins the day

By on May 23, 2017

We represented a mother and two children who were the appellants in an appeal against the refusal of the Home Office. The application to remain in the UK was based on the Human Rights Act. The mother was a national of Jordan and the two children were her dependents. When they were represented by another firm of solicitors they made an asylum application which was refused on 8th April 2011 and their appeal on the asylum basis was dismissed. The solicitors then made another application in support of her human rights on the basis that her removal from the UK would be contrary to Article 8 of the Human Rights Act. This application was refused on 20th August 2015 and we were instructed to appeal. ...

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Article 8 v Family Reunion

By on May 16, 2017

We represented an appellant who is a citizen of Syria who made an application for family reunion to join her son who was granted refugee status. She made the application before she instructed us and the entry clearance officer decided that the appellant did not qualify for family reunion under paragraph 352A which only applied to spouses, civil partners or children under the age of 18 of the refugee. She appealed against this decision on the grounds that she had a family life with her son in the UK under Article 8 and that no consideration was given to her ill-health, dependency on her son and the fact that her son was in the UK. ...

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Significant obstacles to integration

By on March 22, 2017

Another victory to an appellant who is a citizen of Angola who appealed on human rights grounds against the decision of the Home Office of 29th December 2015 to refuse to grant him leave to remain on the basis of private life under paragraph 276 ADE. The appellant was granted leave to remain in the UK as a student until November 2002 and on 5th July 2012 made an application for leave to remain on the basis of private and family life. This application was refused on 14th October 2013 and on 6th December 2013 he applied for Judicial Review. The Court of Appeal gave him leave to withdraw the proceedings on 16th October 2015 and the Home Office agreed to withdraw the decision and reconsider the application. ...

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The legal limbo after Brexit

By on March 2, 2017

The Joint Parliamentary Committee said that Human Rights should be safeguarded and called on the Government to take a firm position on residence rights for EU nationals living in the UK. It seems that the human rights of EU nationals living in the UK are being used as bargaining chips in the Brexit negotiations. In a strongly worded report the joint Parliamentary Committee on Human Rights highlighted the political uncertainty over the residential status of both EU citizens in the UK and the 1.2m Britons believed to be living elsewhere within the European Union. The Joint Committee on Human Rights which is made up of both peers and MPs stressed the urgency of resolving the question of residence rights....

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