The Home Office Must Prove Abuse Of EU Law Rights

“Protecting the fundamental rights of all citizens is a core European value. EU leaders stress that “citizens should never be bargaining chips” and accuse the UK of betraying citizens’ rights by its silence. Amber Rudd is keen to avoid economic damage caused by a “cliff-edge” Brexit and the government wants a phased immigration strategy on EU migration. Since a “single step” is undesirable, free movement in the UK may perhaps have a new lease of life during a “transitional period”. But paradoxically, settled EU citizens working in the professions are fleeing the UK because of future uncertainty.

Overall, after the Supreme Court’s progressive judgments in Johnson [2016] UKSC 56 (see here) and Kiarie [2017] UKSC 42 (see here), this judgment serves as yet another reality check for the home office and the lower courts.”

United Kingdom Immigration Law Blog

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017)

During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants must surely be equally delighted with the outcome in their case because Lady Hale and Lords Neuberger, Kerr, Clarke and Reed unanimously held that the burden of proving a “marriage of convenience” falls on the home office. Giving the only judgment, Lady Hale allowed the appeal on the basis of EU law and found it unnecessary to make any findings on ECHR rights. She arrived at the “firm conclusion” that the case needed to be heard afresh in the First-tier Tribunal. The future president of the court clarified that the state is entitled to enact measures to prevent sham marriages but that it also has the responsibility to…

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