Case law

New case law articles

Court of Appeal rejects student’s attempt to switch into skilled worker route
Guidance on “exceptional assurance” Covid policy given by Court of Appeal
Court of Appeal considers standard of proof for internal relocation
First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist
Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identity

Supreme Court

Supreme Court adopts “nuanced” approach in deprivation of citizenship appeal

Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal

Supreme Court finds no human right to legal status if it’s your own fault you can’t be removed

Reflections on the Supreme Court’s Rwanda judgment

Supreme Court finds Rwanda is not a safe country to which refugees can be removed

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Court of Appeal

Court of Appeal rejects student’s attempt to switch into skilled worker route

Guidance on “exceptional assurance” Covid policy given by Court of Appeal

Court of Appeal considers standard of proof for internal relocation

Court of Appeal criticises “euphemistic and inadequate” First-tier Tribunal decision

First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist

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Upper Tribunal

Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identity

Home Office decision to “correct” grant of indefinite leave made in error held to be lawful

No damages for failure to grant leave to survivor of trafficking

Upper Tribunal dismisses challenge to refusal of leave as representative of an overseas business

Upper Tribunal dismisses judicial review in case of parents seeking to reunite with young children

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High Court

Home Office guidance on discretionary indefinite leave for children held to be unlawful

Brazilian tourist unlawfully detained after “volunteering” in a hostel

High Court confirms ability to challenge lawfulness of withdrawal decision in asylum support appeal

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European Court of Human Rights

European Court of Human Rights finds strong evidence that Greece engaged in unlawful pushbacks to Turkey

Two recent Strasbourg cases on family life between adults

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

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Court of Justice of the European Union

CJEU: designation of a third country as a safe country of origin must cover its entire territory

CJEU: discriminatory measures faced by women under the Taliban regime constitute acts of persecution

CJEU: Women who are victims of gender-based violence can qualify for refugee status

Court of Justice confirms British citizens lost their EU citizenship because of Brexit

Asylum in the European Courts: a case roundup

Explore Court of Justice of the European Union

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New decisions of the UK Supreme Court

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TRIBUNAL DECISIONS

Database of Upper Tribunal (Immigration and Asylum Chamber) judgments

COURT OF JUSTICE DECISIONS

Database of Court of Justice of the European Union judgments

EUROPEAN COURT OF HUMAN RIGHTS DECISIONS

Database of European Court of Human Rights judgments

Cases, Points Based System

Court of Appeal rejects student’s attempt to switch into skilled worker route

The Court of Appeal has rejected a student’s argument that the Home Secretary should have exercised discretion and considered his application to switch into the

...

15th April 2025

BY Sonia Lenegan

Cases, Children

Home Office guidance on discretionary indefinite leave for children held to be unlawful

The Home Secretary has made a useful concession to the High Court, confirming that she has a discretion to grant indefinite leave to remain outside

...

11th April 2025

BY Sonia Lenegan

Cases, Procedure

Guidance on “exceptional assurance” Covid policy given by Court of Appeal

The Court of Appeal has given some guidance on the application of the exceptional assurance policy put in place during the pandemic and has concluded

...

4th April 2025

BY Sonia Lenegan

Asylum, Cases

Court of Appeal considers standard of proof for internal relocation

A Somali man who is at risk of harm from the Islamist Al-Shabaab group in his home area is not a refugee or entitled to

...

3rd April 2025

BY Keelin McCarthy

Cases, Detention, Visit visa

Brazilian tourist unlawfully detained after “volunteering” in a hostel

The High Court has held that a Brazilian tourist had her visitor visa unlawfully cancelled and that she was unlawfully detained for eight weeks, from

...

1st April 2025

BY Sonia Lenegan

Cases, Family immigration

Court of Appeal criticises “euphemistic and inadequate” First-tier Tribunal decision

The Court of Appeal has heavily criticised a First-tier Tribunal decision which allowed an appeal based on family life, without properly taking into account that

...

1st April 2025

BY Sonia Lenegan

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