B v Sweden
( Application N o. 57442/11) . 31. I consider that the word “ precarious ” is an unsophisticated, unpretentious member of the English language. It denotes generally, something which is unstable, uncertain, fragile. It describes a state of affairs, condition or status which is bereft of guarantees and security. It is the antheisis of something which is stable, secure, certain. This is its ordinary and natural meaning. In deciding whether a person’s immigration status is “precarious”, the application by the court or tribunal concerned of this ordinary and natural meaning will focus on the nature, quality and reality of such status. 32. Giving effect to the principles and approach outlined above, I conclude unhesitatingly that in enacting these statutory provisions it was the intention of the legislature that a person who is granted limited leave to enter and remain in the United Kingdom as a student is possessed of an immigration status which is precarious. Such status regulates the life, arrangements and affairs of the person concerned for a measured period of time and with no assurance of continuation or extension. It does not extend beyond the short or medium term. Its effect is to convey to the beneficiary
- 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
