- Doubted — Gurdeep Kaur v Secretary of State for the Home Department 2023-11-17
“…h the Supreme Court 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 natio…”
- Applied — Mawande Sicwebu v Secretary of State for the Home Department 2023-05-19
“…lf. Mr Ball relied 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 t…”
- Cited — Shah Md Jahangir Alam & Anor v Secretary of State for the Home Department 2023-01-19
“…d on the decision 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 pa…”
- Cited — L3 v Secretary of State for the Home Department 2022-10-21
“…FZ (China) v Secretary of State for the Home Department [2015] EWCA Civ 550 and to paragraphs 61-67 of R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11. In FZ (China) a third country national was married to a British wife. They had a British daughter. The wife would face a difficult choice if her husband was d…”
- Explained — Aminat Saliu v The Entry Clearance Officer 2021-12-03
“…nces” is a convenient 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 exce…”
- Cited — KM v Secretary of State for the Home Department 2021-05-11
“…his criminal offending (see ECtHR in Jeunesse v. The Netherlands (2014) 60 EHRR 17; Sales J in R(Nagre) v. SSHD [2013] EWHC 720 (Admin); and R(Agyarko) v. SSHD [2017] UKSC 11, cited by Lord Wilson in Rhuppiah at [34] and [35]).…”
- Explained — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…termined sooner 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…”
- 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 con…”
- Cited — Lal v The Secretary of State for the Home Department 2019-11-08
“… Mr KW could in fact cope with the heat and whether a difficulty of this kind would pose an insurmountable obstacle. The Supreme Court has confirmed in Agyarko [2017] UKSC 11 that insurmountable obstacles is a stringent test requiring an applicant to show serious hardship. Difficulty [in] coping with heat is not in itself a serious …”
- Cited — GM (Sri Lanka) v The Secretary of State for the Home Department (Rev 1) 2019-10-04
“…n relation to the IR and section 117B Nationality, Immigration and Asylum Act 2002 (“the NIAA 2002” and “section 117B”). The main judgments are: Agyarko v SSHD [2017] UKSC 11 (“Agyarko”); Ali v SSHD [2016] UKSC 60 (“Ali”); KO (Nigeria) v SSHD [2018] UKSC 53 (“KO”); and, Rhuppiah v SSHD [2018] UKSC 58 (“Rhuppiah”).…”
- Cited — CL (India) v Secretary of State for the Home Department 2019-01-31
“… Mr KW could in fact cope with the heat and whether a difficulty of this kind would pose an insurmountable obstacle. The Supreme Court has confirmed in Agyarko [2017] UKSC 11 that insurmountable obstacles is a stringent test requiring an applicant to show serious hardship.…”
- Cited — BA (Nigeria) v The Secretary of State for the Home Department 2018-11-01
“…In his submissions in response Mr Chapman has referred, among other cases, to Hesham Ali (Iraq) v SSHD [2016] UKSC 60, R(Agyarko) v SSHD[2017] UKSC 11, and R(Kiarie and Byndloss) v SSHD [2017] UKSC 42. He submits that Jay J was right to conclude that there was no arguable basis for impugning the Secretary of …”
- Explained — Secretary of State for the Home Department v MS (Pakistan) 2018-07-27
“…en on the basis of the law as explained by the Supreme Court in SS – and one might add in the light of the further Supreme Court decision in R (Agyarko) v SSHD [2017] UKSC 11, handed down on the same occasion, as the decision in MM/SS, by the same judges.…”
- 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 unfortunat…”
- Cited — TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department 2018-05-17
“…re listed to be heard after the recent decision of the Supreme Court in R (on the application of Agyarko) and Anor v Secretary of State for the Home Department [2017] UKSC 11. In Agyarko the Supreme Court made clear that the scheme established by the Rules and the Secretary of State’s Instructions are lawful and compatible with arti…”
- Cited — Ribeli v Entry Clearance Officer, Pretoria 2018-03-27
“…t [2007] UKHL 11; [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).…”