How to apply for leave to remain as a bereaved partner By Nicholas Webb

Credit: Taylor Hernandez on Unsplash This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status as a partner is …

Leave to remain application date: how to calculate it and why it is important By Nath Gbikpio

You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it?The answer to the first question is a resounding yes. Fortunately, in some cases, the answer to the second question can also be yes — there …

Satisfying the Immigration Rules enough for Article 8 success By Paul Erdunast

The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdle: whether removal is disproportionate. An important question here is what weight the …

New UK Supreme Court Judgment: Pimlico Plumbers Ltd & Anor v Smith [2018] UKSC 29: who is a worker

This appeal considered whether the respondent was a ‘worker’ within the meaning of the Employment Rights Act 1996 and the Working Time Regulations 1998, reg 2.Between Aug 2005 and Apr 2011 the respondent, who is by trade a plumbing and heating engineer, did work for Pimlico Plumbers Ltd.In Aug 2011 the respondent issued proceedings against …

Claim against other side’s solicitor fails

NRAM Ltd (formerly NRAM plc) v Steel and Another Before Baroness Hale of Richmond, Lord Wilson, Lord Reed, Lord Hodge and Lady Black [2018] UKSC 13 A solicitor for one party would not assume responsibility towards the opposite party, for the purposes of liability in tort for negligent misrepresentation, unless it was reasonable for the …

Magistrates decide 3,000 fare dodgers’ fates on a laptop

A 'revolutionary' digital sentencing system, in which magistrates armed with laptops have been tackling fare dodgers, will be extended to large public service organisations who prosecute cases. The government today announced that more than 3,000 fare dodgers have been sentenced following a paperless operation at Lavender Hill Magistrates' Court in London. The system was developed …

Court of Appeal upholds deportation of rapist with permanent residence By Clare Duffy

The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following imprisonment for rape. UK residence and criminal conviction A Cameroon national, Mr Kamki moved …

The proportionality test in UK Administrative Law – a new ground of review, or a fading exception? – The Student Journal of Law

Traditionally, administrative action in the UK has been subject to three grounds of review. Lord Diplock, in the GCHQ case, reiterated these and labeled them ‘procedural impropriety’, ‘illegality’ and ‘irrationality’.[1] The test to establish whether a decision was irrational had been subject to a particularly large amount of litigation and, consequently, debate. A definitive answer …

Supreme Court to rule next week on regulations on Zambrano carers – Local Government Lawyer

The Supreme Court will next week hand down an important judgment on the lawfulness of the regulations governing Zambrano carers and benefits. The case of R (on the application of HC) v Secretary of State for Work and Pensions and others concerns an Algerian national (HC) who entered the UK lawfully, married a British citizen …

Deception, causation and deprivation of British citizenship By Colin Yeo

In Sleiman (deprivation of citizenship; conduct) [2017] UKUT 367 (IAC) the tribunal considered the question of how directly causative past deception must be of a subsequent grant of British citizenship in order for a person to be deprived of that citizenship on the basis of deception. The official headnote: In an appeal against a decision …

Why your phone ACTUALLY has a two-year warrantee – whatever you network claims – The Mirror

With more and more people buying phones on 2-year contracts, the idea that your warantee only lasts 12 months might well be legal nonsense Your warantee might be more powerful than you think (Image: Rex Features) For the past few years I have been stressing the need for mobile phones to last at least as …

EFCC, AGF rift denting Buhari’s anti-graft war – Punch Editorial Board

A rift between two top government institutions is threatening to sink President Muhammadu Buhari’s crusade against corruption. Specifically, the Economic and Financial Crimes Commission and the office of the Attorney-General of the Federation are at war over the procedure for the prosecution of high-profile corruption cases. While they are wrangling, corrupt elements in the society …

Odinkalu: Nigeria has over 120,000 lawyers but still relies on UK to try ex-govs/ministers August 31, 2017 by Kingsley Obiejesi

  Chidi Odinkalu, former Chairman of the National Human Rights Commission (NHRC), is unhappy with the prosecution of high-profile corruption cases abroad in spite of the numerous human resources in the country’s judiciary. Odinkalu urged Africa to start taking its institutions seriously and not always look abroad for “salvation”. He said this on Thursday during …

Debate: Do Chief Judges Have Powers To Release Prisoners – The Nigerianlawyer

Femi Falana, SAN, a Lagos Lawyer and foremost human rights activist sheds more lights on the argument on the constitutionality of Chief judges to release prisoners. According to him “During a recent media briefing the Comptroller General of the Nigerian Prison Service, Mr. J. Ahmed disclosed that out of a prison population of 68,288 only …

‘A lot of people have a lot to lose’: Nigeria launches website to combat corruption – The Guardian (UK)

A protest in Abuja last year against the non-removal of judges accused of corruption. Nigeria’s war on graft has been bolstered by the advent of a website to monitor public spending. Photograph: Anadolu Agency/Getty ImagesWhen Onumonu Nonye visited the new laboratory at Ubahuekwuem technical school, she hoped to see busy students surrounded by books and …

UK Supreme Court judge insists government must provide legal

President of the UK’s Supreme Court, David Neuberger, says the government needs to spell out how British courts should interpret rulings from the European Court of Justice (ECJ) after Brexit.Currently Britain must abide by ECJ judgments but Prime Minister, Theresa May’s government has said that Britain will leave its jurisdiction after Brexit.Britain has begun the …

Nigeria’s most experienced presidential aspirant comes again By Emmanuel Aziken

Only the ignoramus in today’s Nigeria will believe that the country’s most experienced presidential aspirant will abstain from the 2019 presidential election.AtikuAfter contesting in all presidential primaries/elections since 1993, the man who at the peak of his political power reportedly brought an incumbent president to his knees is again set for a make or break …

THE National Assembly failed to strike the right chord with Nigerians when it rejected power devolution in the ongoing process to further amend the 1999 Constitution.

This is a huge setback in the quest for national rediscovery, misguidedly contrived by 48 senators, with the House of Representatives in tow. It is a rank failure that will continue to haunt the parliament led by Bukola Saraki. But recklessness like this amid a wave of restless agitations across the country has spawned an …

Insecurity and the state – PUNCH NEWSPAPER

A ghastly example of the state of insecurity Mass murder in Anambra stateInsecurity reducing Nigeria to a failing state Abdulfatai Ayobami Ibrahim / 13 hours ago Punch Editorial Board Nigeria places a very low premium on human life and safety. This is why crime proliferates in every nook and cranny of the country. This chronic …

Anambra Church Shooting: Shooting caused by Feud between Brothers living Outside Nigeria – The NigeriaLawyer

Editorial This is mass murder and all suspects must be vigorously investigated and prosecuted and if found guilty, punished with a deterrent effect. The net should go national and international if needed. And it's a crying shame that the presidency was hesitant in a full throated condemnation of this crime and sympathy for the victims. …

N700m “Guest House” Sokoto State Govt Purportedly Purchased For Sultan Belongs To The Sultan – SaharaReporters

Editorial The poor in the North has no Uhuru expectation anytime soon. Their elites, rulers elected and spiritual have failed and continue to fail them. They are the least educated and live shorter lives. In an effort by the Sokoto State government to cover up the fact it gave N700 million from Paris Club refund …

Why Nnamdi Kanu has not been re-arrested – IGP by Unini Chioma

Editorial While not happy at the fact of the non arrest of a suspect who is blatantly breaching bail conditions, it is right that those in authority are considering the matter and situation. And most importantly, the Police explaining why action has not been taken. This is a departure from past practices where the government …

How expensive are UK immigration applications and is this a problem? By Colin Yeo

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year are now standard, bringing the current cost of an application for Indefinite Leave to Remain in 2017 to £2,297.The actual cost of processing such an application is £252, so the Home …

UK Home Office announces crucial changes to Family Immigration Rules by Andrew Nyamayro

THE Home Office has published a Statement of Changes in Immigration Rules which was presented to Parliament on 20 July 2017.  The purpose of the statement is to make changes to the family Immigration Rules following the decision of the Supreme Court in the Case of MM (Lebanon) v SSHD [2017] UKSC 10.The case of …

LG autonomy: ploy to destroy cultural democracy, grab land for herdsmen – Afenifere by Punch Newspapers

Editorial A village is missing its idiots. These unclothed thoughts are just mind numbing. How can more and devolved power be a parochial interest. Jesus wept. The Afenifere Renewal Group has raised alarm over the proposed bills that will purportedly grant autonomy to Local Government Areas in the ongoing constitution amendment exercise.NASS had passed two …

Osinbajo panel to Buhari: Sack Babachir, Oke by Unini Chioma The Daily Trust

Babachir Lawal,Other top government officials to be investigatedThe presidential panel that investigated the suspended Secretary to the Government of the Federation, Babachir David Lawal and the Director-General of the National Intelligence Agency, Ayo Oke, has recommended that the duo be replaced.Our reporter on Sunday learnt at the weekend that the Acting President Yemi Osinbajo-led committee …

Pakistan’s Prime Minister, Nawaz Sharif Resigns After Supreme Court ruling following a probe into his family’s wealth after the 2015 Panama Papers leak.

Editorial When the Panama Papers leaked, the Nigerian senate president, his wife were named as using illegally the facilities of Panama money laundering scheme. A country as corrupt as Nigeria, Pakistan is doing something about it. Yet our senate president is sitting sweet in Nigeria and in position. Nawaz Sharif has resigned as prime minister …

When will a foreign adoption be recognised in common law for immigration purposes? By Nick Nason

In W v SSHD[2017] EWHC 1733 (Fam) (07 July 2017) a married couple resident in the UK on a Tier 2 visa attempted to bring their 2-year-old adoptive son, V, to join them from Nigeria.The application they made for him to enter as a Points Based System dependent was rejected after the Secretary of State …

Suspension of the NHIS Executive jeopardizes House Committee’s investigation on HMOs By Levinus Nwabughiogu

Hon. Chike Okafor, member representing Ehimembano/Ihitte Uboma/Obowo Federal Constituency of Imo State, is the Chairman of the House of Representatives Committee on Health Service investigating the National Health Insurance Scheme, NHIS, which Executive Secretary, Professor Usman Yusuf, was suspended by the Minister of Health, Professor (ES) Isaac Adewole, last week. In this interview, Okafor says …

Presidency drags Senate to Supreme Court over Magu, others – Unini Chioma

The Presidency has reiterated its stance that certain federal appointments should not require the Senate’s confirmation. It said the refusal by the Senate to confirm the appointment of the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, had more to do with politics than with the law. This is the position of …

Magu By Obi Nwakanma of Vanguard Newspapers 

In Taoism, the word “Magu” means something quite powerful: the transcendent and immortal divinity of life, who protects the sacred order of the universe, and the female principle. It is like “Ala” – the female goddess of the earth and protector of life and the sanctified in the Igbo aetiological systems. On the other hand, …

FG: No more shooting of movies, music videos outside Nigeria | Thenigerialawyer

The federal government says it has taken steps to get the Nigeria Broadcasting Code (NBC) to discourage the production of Nigerian movies and music outside the country. Lai Mohammed, minister of information, made this known on Saturday in Lagos when he paid a visit to the headquarters of the Copyright Society of Nigeria (COSON).The minister …

For suspending the Executive Secretary of National Health Insurance Scheme, NHIS, Professor Usman Yusuf, members of House of Representatives are up arms against the Presidency. By Levinus Nwabughiogu

It was either a function of generosity or that of miraculous upsurge or even both that he survived in office beyond June 22, 2017. Not many people had expected it. To say that he ruffled a few feathers on that day is to be tacit with words. In fact, to many people, Professor Usman Yusuf, …

FRSC shooting: IG, prosecute Abia speaker, killer cops – Punch Editorial Board

Impunity, lawlessness and disregard for human life are getting worse in Nigeria. Proof of this emerged on Saturday when police officers attached to the Speaker of the Abia State House of Assembly, Chikwendu Kalu, shot officials of the Federal Road Safety Commission while on patrol. Two FRSC officials were riddled with police bullet wounds during …

Lai Mohammed Speaks On Why FG Plans To Stop Entertainers From Movie And Music Video Production Abroad

Editorial  This is a crying example of letting the announcement get in the way of message. Lia  Mohammed may look like and sound like an idiot, please, don't let that fool you, he really is an idiot. The constitution which gives the government the power it exercises on behalf of its people also gives the …

Missing President of Nigeria Muhammadu Buhari receives visit from his deputy. Why now? – Conor Gaffey of Newsweek

For a short time this week, Nigeria—one of the world’s most populous countries and Africa’s biggest economy—was leaderless. The current president, Muhammadu Buhari, has been off grid for more than two months since stealing away to London on May 7 to receive treatment for a mystery ailment. He has not been seen publicly (and has …

Small print of repeal bill creates unprecedented new powers for Brexit ministers – Ian Dunt

On the face of it, the repeal bill addresses many of the concerns of its critics. But once you dig in a little further, the full scale of the executive power grab becomes clear. There has never been a piece of legislation like this in modern British history. We have never handed the government so …

Chi Onwurah MP: ‘British, not Nigerian’ BY REUBEN ABATI

Chi Onwurah, the Member of Parliament representing Newcastle Central in the UK House of Commons and my former colleague at the State House, Molara Wood, met recently at the 2017 Caine Prize for African Writing award ceremony. When Molara informed Chi that her re-election along with six others had caused so much excitement in Nigeria …

Magu, Presidency, Senate, EFCC. Man or Institution 

Magu: Let Supreme Court decide, say SANs The ding-dong between the Presidency and the Senate over Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu continues. For the umpteenth time, the Presidency has restated that Magu, whose nomination as EFCC chair the Senate has rejected twice, is the man for the job. The Senate …

Chukwudubem Onuamadik.e, aka Evans moved out of public spotlight (Evans vanishes)Saturday Sun:

* Billionaire kidnapper’s whereabouts unknown * Moved out of Lagos midnight by 30 heavily armed men After weeks of public furore and media frenzy, a sudden blackout has descended on the case of Chukwuduneme Onwuamadike a.k.a. Evans, Nigeria’s infamous billionaire kidnapper, thus fuelling speculations that he’s escaped, or dead. Saturday Sun not Thenigerialawyer has however …