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
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
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
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
The Court of Appeal has dismissed an appeal against a decision by the Upper Tribunal that the First-tier Tribunal did not have jurisdiction to consider
In R(AH) v Secretary of State for the Home Department, the Home Office has conceded that it wrongly excluded a Dutch man from re-entering the
The Court of Appeal has held that the Special Immigration Appeals Commission (SIAC) was entitled to decide that it would not be unjust to refuse
“Although I have considerable sympathy for Mr Tomlinson, we are unable to wind back the clock so as to put right the historic injustice”. This
In a decision on asylum support last year, the judge invited the Home Secretary to apply for judicial review of the tribunal so that guidance
The Home Secretary has been only partially successful in the Court of Appeal in relation to Medical Justice’s challenge to the introduction of a policy
The Court of Appeal confirmed in Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025]
Three individual claimants have succeeded in a judicial review claiming that they had been unlawfully accommodated at the former RAF base in Wethersfield. The court
The Home Secretary has succeeded in an appeal where she argued that those with deportation orders or proceedings were lawfully excluded from a concession allowing
A claimant seeking compensation under the Windrush Compensation Scheme after being denied entry to the UK and removed from the UK in July 1999 will
In the recent case of Butt v Secretary of State for the Home Department [2025] EWCA Civ 189, the Court of Appeal dismissed an appeal
The High Court has quashed a decision by the Home Office to refuse a trafficking claim on the grounds that the person had been kidnapped,
In two joined appeals, the Supreme Court has held that a successful challenge to a deprivation decision will mean that British citizenship was retained throughout
The Court of Appeal has returned an appeal to the First-tier Tribunal to be determined for a third time after a series of errors made
The High Court has ruled that three Home Office decisions, each of which refused the claimant’s request for reinstated trafficking support via the Modern Slavery
On 7 February the High Court gave judgment in the case of R (oao) APD v Secretary of State for the Home Department [2025] EWHC 246
In our latest write up on the people seeking asylum who were on Diego Garcia there was mention of the case of KP, who was
The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide
Emotions can run high in any litigation. In a case arising from unlawful detention, like Mlundira v Secretary of State for the Home Department [2025]
The Upper Tribunal has recently dismissed a judicial review action involving a Turkish Kurdish family who were separated when attempting to cross the Channel. Before
The High Court has dismissed an appeal by the Home Secretary against an award of damages to a refugee in the amount of £98,757.04 in
The Court of Appeal has allowed the Home Secretary’s appeal in a deprivation case involving the use of a false identity, but the appeal will
Once the Home Secretary concludes that a refugee is a danger to national security she is entitled to revoke his refugee status. She does not
In two mammoth judgments, Fordham J has given detailed guidance about the duties owed to disabled people on immigration bail by the Home Office and
A care home operator has successfully challenged the Home Office’s decision to refuse a defined certificate of sponsorship request on the grounds that the care
The Home Secretary’s appeal in a deprivation case has seemingly backfired as the Court of Appeal has held that the deprivation process being operated, where
The Court of Appeal has dismissed an appeal where it was argued that there had been procedural unfairness in a refusal of further leave to
In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be
The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The
The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in
A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation
The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not
The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult
What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had
In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as
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 skilled worker route, instead of rejecting it for not meeting the validity requirements after a rule change came into force prohibiting such a move. The...
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 the immigration rules without a fee being paid. The child claimant in the case successfully challenged the rejection of his application for indefinite leave to...
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 that it could not be relied on by the appellant, notwithstanding the fact that the Home Office had issued him with a letter granting a...
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 humanitarian protection because he can reasonably relocate to Mogadishu. This is the decision of the Court of Appeal in ASJ (Somalia) v Secretary of State...
The Court of Appeal has dismissed an appeal against a decision by the Upper Tribunal that the First-tier Tribunal did not have jurisdiction to consider an appeal based on a grant of humanitarian protection that had not been made by the Home Secretary, on the grounds of a nationality that...
In R(AH) v Secretary of State for the Home Department, the Home Office has conceded that it wrongly excluded a Dutch man from re-entering the UK after a family holiday because it mistook him for a different Dutch national who had been deported from the UK. After proceedings were issued...
The Court of Appeal has held that the Special Immigration Appeals Commission (SIAC) was entitled to decide that it would not be unjust to refuse to allow a woman in a refugee camp in Syria to lodge a late appeal against the Home Office’s decision depriving her of her British...
“Although I have considerable sympathy for Mr Tomlinson, we are unable to wind back the clock so as to put right the historic injustice”. This quote perfectly summarises the bittersweet victory for the appellant in the recent Court of Appeal case of R (Tomlinson) v Secretary of State for the...
In a decision on asylum support last year, the judge invited the Home Secretary to apply for judicial review of the tribunal so that guidance could be provided to asylum support judges on jurisdiction in implicit withdrawal cases (i.e. where the Home Office has deemed an asylum claim withdrawn). The...
The Home Secretary has been only partially successful in the Court of Appeal in relation to Medical Justice’s challenge to the introduction of a policy allowing caseworkers to refer medical evidence for a second opinion from the Home Office’s medical staff where they believed that standards were not being met....
The Court of Appeal confirmed in Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 184 that the Home Office is not under a duty to carry out an assessment of the impact of sponsor licence revocation. The...
Three individual claimants have succeeded in a judicial review claiming that they had been unlawfully accommodated at the former RAF base in Wethersfield. The court also held that the Home Office had unlawfully breached the Public Sector Equality Duty. The case is TG & Ors v Secretary of State for...
The Home Secretary has succeeded in an appeal where she argued that those with deportation orders or proceedings were lawfully excluded from a concession allowing certain victims of trafficking to be considered for discretionary leave under the more favourable provisions in place before 30 January 2023. The case is Secretary...
A claimant seeking compensation under the Windrush Compensation Scheme after being denied entry to the UK and removed from the UK in July 1999 will have his application reconsidered after the High Court quashed the Home Office’s refusal. The case is R (Lee) v Secretary of State for the Home...
The High Court has quashed a decision by the Home Office to refuse a trafficking claim on the grounds that the person had been kidnapped, which the decision maker said could not meet the trafficking definition. The case is R (AAM) v Secretary of State for the Home Department [2025]...
In two joined appeals, the Supreme Court has held that a successful challenge to a deprivation decision will mean that British citizenship was retained throughout the period from the date the deprivation order was made until the date of the appeal decision, but the effect of the deprivation order will...
The Court of Appeal has returned an appeal to the First-tier Tribunal to be determined for a third time after a series of errors made in a First-tier Tribunal decision was not dealt with by the Upper Tribunal. The court was clearly unimpressed, stating that “If the UT had carried...
The High Court has ruled that three Home Office decisions, each of which refused the claimant’s request for reinstated trafficking support via the Modern Slavery Victim Care Contract, were unlawful. Judgment was handed down in R (ETX) v Secretary of State for the Home Department [2025] EWHC 294 (Admin) on...
On 7 February the High Court gave judgment in the case of R (oao) APD v Secretary of State for the Home Department [2025] EWHC 246 (Admin). This was the first judicial treatment of section 4L of the British Nationality Act 1981, which was inserted by the Nationality and Borders...
In our latest write up on the people seeking asylum who were on Diego Garcia there was mention of the case of KP, who was excluded from the arrangements to bring most people to the UK as he had criminal convictions, although he had also been recognised as being in...
The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide sufficient reasons for departing from a country guidance case, only for the Upper Tribunal to then fall into the same error. The case is Secretary...
Emotions can run high in any litigation. In a case arising from unlawful detention, like Mlundira v Secretary of State for the Home Department [2025] EWHC 189 (KB), the stakes and emotions can be heightened. This case underlines how important it is to consider and respond to correspondence from the...
The Upper Tribunal has recently dismissed a judicial review action involving a Turkish Kurdish family who were separated when attempting to cross the Channel. Before you continue reading this, I would recommend reading Colin’s excellent article on the interim order decision by the Court of Appeal, where he sets out...
The High Court has dismissed an appeal by the Home Secretary against an award of damages to a refugee in the amount of £98,757.04 in respect of her unlawful detention and breach of article 8 relating to the delay in granting her status. The case is Secretary of State for...
The Court of Appeal has allowed the Home Secretary’s appeal in a deprivation case involving the use of a false identity, but the appeal will now return to the Upper Tribunal which had not considered the article 8 rights of the appellant. This is the third of the recent appeals...
Once the Home Secretary concludes that a refugee is a danger to national security she is entitled to revoke his refugee status. She does not have to go on to consider whether there are less intrusive measures that could be applied. The Home Secretary’s national security decision can only be...
In two mammoth judgments, Fordham J has given detailed guidance about the duties owed to disabled people on immigration bail by the Home Office and local authorities. The two judgments, BLZ No. 1: R (BLZ) v Secretary of State for the Home Department [2025] EWHC 153 (Admin) and BLZ No.2:...
A care home operator has successfully challenged the Home Office’s decision to refuse a defined certificate of sponsorship request on the grounds that the care home could not provide official contracts for guaranteed hours of work to show that the jobs were genuine. The High Court’s decision in Hartford Care...
The Home Secretary’s appeal in a deprivation case has seemingly backfired as the Court of Appeal has held that the deprivation process being operated, where the affected person is not given an opportunity to make representations against the decision, is procedurally unfair. The case is Secretary of State for the...
The Court of Appeal has dismissed an appeal where it was argued that there had been procedural unfairness in a refusal of further leave to remain because the appellant had not been expressly told that his employer’s sponsor licence had been revoked. The appeal actually stemmed from refusal of a...
In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be applied in appeals against decisions of the Secretary of State to deprive a person of citizenship pursuant to section 40(3) of the British Nationality Act...
The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The claims were brought by individuals detained at Manston in autumn 2022 when there were widespread reports and concerns around overcrowding and very poor conditions, and...
The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in removal cases. The case is R (Jasseh) v Secretary of State for the Home Department [2025] EWHC 47 (Admin). The claimant was issued with removal...
A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation as part of their asylum support. The case is R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin)....
The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not have a bail address, which is what she was asking for by making the Schedule 10 application. The situation endorsed by the Court of Appeal...
The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult family members outside the “core” nuclear family of spouses, partners, parents and minor children. The court confirms that “additional elements of dependence, involving more than...
What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the children be returned to France to be reunited with their parents there? Or should the parents be admitted to the United Kingdom to be reunited...
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had not first obtained a residence document under the Immigration (EEA) Regulations 2016. The case is Emambux v Secretary of State for the Home Department [2024]...
In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as “continuous lawful residence” for the purposes of an application for indefinite leave to remain based on ten years’ residence. The case is R (on the...
