- Applied — NC v Secretary of State for the Home Department 2023-11-22
“…To apply the test in what Lord Reed JSC in the Agyarko case [2017] 1 WLR 823, para 43 called “a practical and realistic sense”, it is relevant and necessary in addressing these questions to have regard to the particular characteristics …”
- Doubted — Gurdeep Kaur v Secretary of State for the Home Department 2023-11-17
“…urt and this Court. It is not necessary to conduct a comprehensive review and I do not attempt to do so. We were referred to R (Agyarko) v SSHD [2017] UKSC 11, [2017] 1 WLR 823, and to GM (Sri Lanka) v SSHD [2019] EWCA Civ 1630 for convenient summaries of the approach to be adopted. What is not in doubt is that national authorities ar…”
- Applied — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“…ed on Hesham Ali v SSHD [2016] UKSC 60, [2016] 1 WLR 4799 at paragraph 38 (relevance of conduct since offence was committed) and Agyarko v SSHD [2017] UKSC 11, [2017] 1 WLR 823 at paragraph 41 (whether a fair balance has been struck) to support this submission. To the extent that the judge applied the correct legal test, his reasoning…”
- Cited — Shah Md Jahangir Alam & Anor v Secretary of State for the Home Department 2023-01-19
“…n in Chikwamba. It cited paragraph 44 of the judgment in Chikwamba and paragraph 51 of R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11; [2017] 1 WLR 823. The Secretary of State described three aspects of the public interest which would be served by the appellant’s removal (paragraph 81). In paragraph 83, the UT…”
- Explained — Aminat Saliu v The Entry Clearance Officer 2021-12-03
“…nient shorthand label. What it means has been explained in two cases of high authority: R (Agyarko) v Secretary of State for the Home Department[2017] UKSC 11, [2017] 1 WLR 823, and GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, [2020] INLR 32. These cases show that the test of exceptional circumstan…”
- Cited — Chandran v Secretary of State for the Home Department 2020-05-14
“…status was precarious throughout, but submitted that the weight to be attached to that factor would change. He relied on [52] of Agyarko v SSHD [2017] UKSC 10; [2017] 1 WLR 823 where Lord Reed said:…”
- Explained — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…than it was, the application would or should have succeeded. As Lord Reed explained in R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11; [2017] 1 WLR 823, paras 51-52:…”
- Approved — Lal v The Secretary of State for the Home Department 2019-11-08
“…In R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11; [2017] 1 WLR 823, paras 54-60, the Supreme Court approved almost identical guidance contained in the previous version of the Secretary of State’s instructions to officials as c…”
- Cited — Lal v The Secretary of State for the Home Department 2019-11-08
“…(Agyarko) v Secretary of State for the Home Department [2017] UKSC 11; [2017] 1 WLR 823, paras 46-47, the European Court has acknowledged that national authorities have a wide margin of appreciation in relation to immigration control; under the co…”
- Followed — Kaur, R (on the application of) v Secretary of State for the Home Department 2018-06-21
“…The appeal was for a time stayed to await the decision of the Supreme Court in R (Agyarko) v SSHD [2017] UKSC 11, [2017] 1 WLR 823. The stay was lifted following the decision in Agyarko in March 2017. The appeal was then listed to be heard in November 2017, but unfortunately it became nece…”
- Cited — Ribeli v Entry Clearance Officer, Pretoria 2018-03-27
“…; [2007] 2 AC 167, para. 16 (Lord Bingham of Cornhill); and also paras. 46 and 50; and R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11; [2017] 1 WLR 823, para. 47 (Lord Reed JSC).…”