Tag Archive

Posted By 43templerow 43templerow

comments 0 comments

Immigration analysis: The Supreme Court’s decision on the minimum income requirement (MIR) for partners of non-European Economic Area (EEA) nationals seeking leave to enter is considered by Tony Muman, barrister, at 43 Temple Row Chambers.

Do you earn enough—Article 8, section 55 and the minimum income requirement (R (on the application of MM (Lebanon)) v Secretary of State for the Home Department and other cases)

An informal event designed for conversation and networking, rather than a formal lecture, attendees will be provided with a written…

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

Full Article 50 High Court judgment available here.

Tony Muman of Counsel instructed on behalf of AB Parties with the assistance of Thomas Green.

Further details to follow.

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

Supreme Court grants Permission to Appeal against ‘Deport First Appeal Later’ provision

The Supreme Court (Lords Kerr, Reed and Toulson) has today granted permission to appeal in R (Byndloss) v Secretary of State for the Home Department [2015] EWCA Civ 1020. The Court of Appeal judgment is at http://www.bailii.org/ew/cases/EWCA/Civ/2015/1020.html

The appeal concerns the correct interpretation of the new ‘deport first, appeal later’ rules under section 94B of the Nationality, Immigration and Asylum Act 2002.

Section 94B gives the Secretary of State the power to certify the…

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

43 Temple Row Barristers Appear in the Supreme Court to Challenge Minimum Income Visa Rules

 

Thursday 25 February 2016

Over the course of a three day hearing between 22-24 February 2016, a seven judge bench of the Supreme Court has considered the linked appeals in MM (Lebanon) and others v. Secretary of State for the Home Department and SS (Congo) v. Entry Clearance Officer, Nairobi.  A write up of the Court of Appeal’s judgment can be found here and the High Court here.

The…

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

The Supreme Court has now given permission to appeal the Court of Appeal’s decision in SSHD v SS (Congo) & Ors [2015] EWCA Civ 387. The court has directed that the appeal be heard on 22nd – 24th February 2016, alongside the case of MM (Lebanon).

The two cases deal with the government’s new Minimum Income Rules, which impose a minimum £18,600 income requirement before a non-EEA foreigner may join his or her partner in the UK. If the couple have a dependent child, this…

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

Notice has been received today that permission to Appeal in this case has been granted. The Appeal will be heard with R (on the Application of MM Lebanon) in February 2016.

Tony Muman and Joseph Neville are instructed in these cases.

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

Following permission having been given to appeal the case of MM (Lebanon) and other linked matters, the Supreme Court have now listed the Appeal on 22nd – 24th February 2016.

See here for an analysis of the Court of Appeal’s judgment.

Tony Muman , Joseph Neville and Ineza Hussain are all involved in this case.

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

The Supreme Court (Lady Hale, Lord Sumption and Lord Carnwarth) has today granted permission to appeal in MM (Lebanon).

See here for an analysis of the Court of Appeal’s judgment.  The appeal will be listed in due course.

In the meantime an application for permission will follow in SS (Congo) EWCA Civ 387.  See here for a summary of the judgment.

Tony Muman and Joseph Neville are instructed in both cases.

Continue Reading →

Posted By 43templerow 43templerow

comments 3 comments

The Court of Appeal has today handed down judgment in which it has allowed the Home Secretary’s appeal against Mr Justice Blake’s decision in MM and others v Secretary of State [2013] EWHC 1900 Admin. The case concerns the Home Secretary’s controversial rules on family migration requiring that British Citizens or partners lawfully settled in the UK must show that they have an income of at least £18,600 p.a. with additional sums for each child before they can sponsor their foreign partners from outside the European…

Continue Reading →

Posted By 43templerow 43templerow

comments 0 comments

English Please! R (Bibi) and (Ali) v Secretary of State for the Home Department) (12.04.2013)

R (Bibi) and (Ali) v Secretary of State for the Home Department

Read judgment: http://www.bailii.org/ew/cases/EWCA/Civ/2013/322.html

By a majority judgment (Sir David Keene dissenting) the Court of Appeal has today held the Government’s pre-entry English language requirement requiring a foreign spouse or partner of a British citizen or person settled in the United Kingdom to produce a test certificate demonstrating a knowledge of the English language to a prescribed standard prior to entering the United Kingdom is lawful and does not breach Convention rights.

The requirement…

Continue Reading →