AM (S117B) Malawi
[2015] UKUT 260 (IAC), at [19]–[33] and, in particular, the conclusion enshrined in [32] : “ T
o put the matter shortly, it appears to us that a person’s immigration status is ‘precarious’ if their continued presence in the UK will be dependent upon their obtaining a further grant of leave. It is precisely because such a person has no indefinite right to be in the country that the relationships they form ought to be considered in the light of the potential need to leave the country should that g
ran
t of leave not be forthcoming ” Judges and practitioners should be constantly alert to this clear and concise formulation of the principle of “precariousness” . More recently, in
- ntroduction
- The Issues
- Statutory Framework
- consequence
- (Sections 117A – 117D)
- YM (Uganda) v Secretary of State for the Home Department
- three
- The Second Issue
- Re P
- R (Cart) v Upper Tribunal
- R (Evans) v Attorney General
- Huang v Secretary of State for the Home Department
- must
- only
- in all cases
- other than
- relevant
- immaterial
- an instruction
- Wednesbury
- Cart
- Evans
- he Third Issue
- establishment
- formation
- continuation and extension
- The Fourth Issue
- AM (S117B) Malawi
- (Returnees – criminal and non-criminal) DRC
- Section 117B(5):
- Jeunesse v the Netherlands
- The court has previously held that, in general, persons in that situation have no entitlement to expect that a right of residence will be conferred upon them
- B v Sweden
- precarious
- Omnibus Conclusion and Decision
- Nationality, Immigration and Asylum Act
- introduc
- The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014
