Home Office wrongly issued biometric residence permit to person refused asylum
21 August 2025
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The First-tier Tribunal will re-hear the appeal of a man who received a letter from the Home Office refusing his asylum, and then a few
The First-tier Tribunal will re-hear the appeal of a man who received a letter from the Home Office refusing his asylum, and then a few
Epping Council has succeeded in obtaining an interim injunction to prevent the use of the Bell Hotel as asylum accommodation pending the final outcome of
In a decision made in April 2024 but only made public now, the High Court quashed decisions made by the Secretary of State of Defence
The High Court has agreed with the Home Secretary in a judicial review challenging a claimant’s deportation and detention on the grounds that he had
A 68 year old woman has been ordered to pay the Home Secretary’s costs after unsuccessfully challenging a refusal to grant her indefinite leave to
The Upper Tribunal has declined to decide a policy challenge to the ten day deadline, and “exceptional circumstances” requirement to extend it, to respond to
The High Court has dismissed a judicial review challenging the Home Secretary’s failure to implement the recommendations of the Brook House inquiry. The judgment includes
It has been a big summer for the field of climate change, migration, and international human rights. On 3 July, the Inter American Court of
A Palestinian family, including children aged nine and seven, have succeeded in a judicial review challenging the UK’s failure to provide them with consular assistance
A student and her husband have successfully challenged the Home Office’s decision to cancel their leave, with the result that their detention was also held
A care provider has successfully challenged the Home Office’s decision to revoke its sponsor licence after the High Court found the decision maker failed to
“They weren’t working, they were just volunteering” is rarely a persuasive defence against a civil penalty. Indeed, it’s positively unpersuasive when those in question were
The Bar Standards Board has dismissed a barrister’s appeal against disbarment, stating that “findings of professional misconduct, including dishonesty, and the sanction of disbarment imposed
The Upper Tribunal has held that a Home Office interview, which took place in prison and in which the applicant provided answers demonstrating that she
In a new reported decision the Upper Tribunal has set out when new evidence can be considered in an administrative review. The tribunal also said
Earlier today the High Court handed down a judgment discharging a super-injunction granted to the Ministry of Defence on 1 September 2023. Following on from
The High Court has ordered the Defence Secretary to publish caseworker guidance on the Triples review, which is reassessing eligibility decisions of certain applications made
The Home Secretary has successfully appealed a tribunal decision that when calculating the ten year period of continuity of residence for the purposes of deportation
The Home Office’s processes for investigating complaints of alleged incidents of staff and contractor misconduct towards immigration detainees has been held to be unlawful by
Fordham J has given some guidance on handling issues relating to the e-filing of judicial review applications in the Administrative Court, stating that this may
The High Court has rejected a judicial review challenging the Home Secretary’s refusal to consider an application made outside the rules. In doing so, the
The High Court found a reasonable grounds (first stage) decision in a trafficking case to be unlawful because the Home Office decision maker adopted a
The Court of Appeal has issued a welcome corrective to the tribunals, telling them not to impose an “unrealistic evidential burden” on asylum applicants who
An appellant who is a Yemeni national who has lived in China since he was one year old has lost his appeal against the refusal
The Court of Appeal has upheld a decision by the Home Office to refuse a certificate of travel to a woman granted leave to remain
The Court of Appeal has found that an error by the Upper Tribunal in failing to place a relevant document before the decision making judge
The High Court in R (TJ Trading Express Limited) v Secretary of State for the Home Department [2025] EWHC 1274 (Admin) held that before revoking
The Court of Appeal has once again asked the Home Office to please do something about the state of Appendix EU. The context this time
The Supreme Court has upheld a decision of the Court of Appeal, which had agreed with the Special Immigration Appeals Commission’s decision to dismiss an
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary
The Court of Appeal has upheld a decision of the Upper Tribunal to allow the Home Secretary’s appeal against a First-tier Tribunal decision allowing the
The Home Secretary has had an absolute howler in the Upper Tribunal, it is one of those decisions that is worth a read in full
The Court of Appeal has considered in Ackom v SSHD [2025] EWCA Civ 537 an appeal by a German national against deportation. The key point
The Court of Appeal has dismissed an appeal by an Albanian women in a protection claim where she initially succeeded in the First-tier Tribunal but
Asylum Aid’s legal challenge to the lawfulness of the statelessness family reunion rules has been comprehensively upheld. The judgement was handed down by the High
A Sudanese refugee has succeeded in challenging a negative trafficking decision after he was wrongly criticised for a lack of detail and supporting evidence for
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 First-tier Tribunal will re-hear the appeal of a man who received a letter from the Home Office refusing his asylum, and then a few days later a biometric resident permit reflecting a grant of refugee leave. The Upper Tribunal said that the biometric residence permit is not a grant...
Epping Council has succeeded in obtaining an interim injunction to prevent the use of the Bell Hotel as asylum accommodation pending the final outcome of the proceedings. The case is Epping Forest District Council v Somani Hotels Ltd [2025] EWHC 2183 (KB). This is a planning law case so don’t...
In a decision made in April 2024 but only made public now, the High Court quashed decisions made by the Secretary of State of Defence that the claimants were not eligible under the Afghan Response Route because, as a judge and a journalist, they did not work in one of...
The High Court has agreed with the Home Secretary in a judicial review challenging a claimant’s deportation and detention on the grounds that he had an outstanding asylum claim. The High Court held that the implicit withdrawal of the asylum claim was lawful and accepted the Home Secretary’s argument that...
A 68 year old woman has been ordered to pay the Home Secretary’s costs after unsuccessfully challenging a refusal to grant her indefinite leave to remain. The woman became the primary carer for her British granddaughter after her daughter died of Covid in April 2020 and has been working as...
The Upper Tribunal has declined to decide a policy challenge to the ten day deadline, and “exceptional circumstances” requirement to extend it, to respond to a notification that the Home Secretary is considering excluding someone from trafficking protections under the public order disqualification. The challenge to the individual decision was...
The High Court has dismissed a judicial review challenging the Home Secretary’s failure to implement the recommendations of the Brook House inquiry. The judgment includes a useful annex addressing an application made by the Home Secretary for an order preventing the claimants from relying on material subject to parliamentary privilege....
It has been a big summer for the field of climate change, migration, and international human rights. On 3 July, the Inter American Court of Human Rights released its historic advisory opinion on the legal obligations of states in light of the climate emergency, and on 23 July the International...
A Palestinian family, including children aged nine and seven, have succeeded in a judicial review challenging the UK’s failure to provide them with consular assistance to get them out of Gaza so that they can register their biometrics and come to the UK to join family. The case is R...
A student and her husband have successfully challenged the Home Office’s decision to cancel their leave, with the result that their detention was also held to be unlawful. The case is R (Manpreet Kaur & Anor) v The Secretary of State for the Home Department [2025] EWHC 1942 (Admin). Background...
A care provider has successfully challenged the Home Office’s decision to revoke its sponsor licence after the High Court found the decision maker failed to properly consider explanations for apparent salary shortfalls and reached irrational conclusions about genuine vacancies. Notwithstanding the Home Office’s firm stance on compliance, the judgment in...
“They weren’t working, they were just volunteering” is rarely a persuasive defence against a civil penalty. Indeed, it’s positively unpersuasive when those in question were caught voluntarily serving customers, selling alcohol, using the lottery machine to sell tickets and scratch cards, processing parcel deliveries, stacking shelves, and cleaning the store....
The Bar Standards Board has dismissed a barrister’s appeal against disbarment, stating that “findings of professional misconduct, including dishonesty, and the sanction of disbarment imposed by the Tribunal were appropriate and correctly applied”. The case is Dean v The Bar Standards Board (BSB) [2025] EWHC 1860 (Admin). Background The Bar...
The Upper Tribunal has held that a Home Office interview, which took place in prison and in which the applicant provided answers demonstrating that she wanted to remain in the UK based on her private and family life, amounted to a human rights claim. The tribunal separately held that the...
In a new reported decision the Upper Tribunal has set out when new evidence can be considered in an administrative review. The tribunal also said that the evidential flexibility guidance is now so different to that considered by the Court of Appeal in Mudiyanselage v Secretary of State for the...
Earlier today the High Court handed down a judgment discharging a super-injunction granted to the Ministry of Defence on 1 September 2023. Following on from this, five previously private judgments have also been published, four by the High Court and one from the Court of Appeal. The case is Ministry...
The High Court has ordered the Defence Secretary to publish caseworker guidance on the Triples review, which is reassessing eligibility decisions of certain applications made under the Afghan Relocations and Assistance Policy after several issues were identified with the initial decision making process. The case is R (TPL1) v Secretary...
The Home Secretary has successfully appealed a tribunal decision that when calculating the ten year period of continuity of residence for the purposes of deportation of an EEA national, time spent as the non-EEA national family member can be included. The case is Secretary of State for the Home Department...
The Home Office’s processes for investigating complaints of alleged incidents of staff and contractor misconduct towards immigration detainees has been held to be unlawful by the High Court, because of a failure to disclose the evidence relied on. The case is R (AK) v Secretary of State for the Home...
Fordham J has given some guidance on handling issues relating to the e-filing of judicial review applications in the Administrative Court, stating that this may be something the Administrative Court User Group wishes to consider, or further online guidance provided. The case is R (BLV) v Secretary of State for...
The High Court has rejected a judicial review challenging the Home Secretary’s refusal to consider an application made outside the rules. In doing so, the court rejected the argument that the Home Secretary should create a specific application form for leave outside the rules under the Afghan Relocations and Assistance...
The High Court found a reasonable grounds (first stage) decision in a trafficking case to be unlawful because the Home Office decision maker adopted a restrictive and rigid approach to the definition of forced labour. The case is SAC v Secretary of State for the Home Department [2025] EWHC 1400...
The Court of Appeal has issued a welcome corrective to the tribunals, telling them not to impose an “unrealistic evidential burden” on asylum applicants who claim that they are subject to monitoring by their home government. The case is MH (Bangladesh) v Secretary of State for the Home Department [2025]...
An appellant who is a Yemeni national who has lived in China since he was one year old has lost his appeal against the refusal of humanitarian protection on the grounds that he can return to China, despite the absence of evidence that China would grant him entry. The court...
The Court of Appeal has upheld a decision by the Home Office to refuse a certificate of travel to a woman granted leave to remain on family grounds following an unsuccessful asylum claim. The claimant in R (KH) v The Secretary of State for the Home Department [2025] EWCA Civ...
The Court of Appeal has found that an error by the Upper Tribunal in failing to place a relevant document before the decision making judge brought the case within the very limited exceptions for a Cart judicial review to proceed. The substantive challenge, however, was dismissed. The case is R...
The High Court in R (TJ Trading Express Limited) v Secretary of State for the Home Department [2025] EWHC 1274 (Admin) held that before revoking the sponsor’s licence for non-compliance, the Home Office should have given the business an opportunity to make representations in response to its allegations. Background The...
The Court of Appeal has once again asked the Home Office to please do something about the state of Appendix EU. The context this time was trying to understand what the rules say about the definition of a durable partner. The case is Mustaj v Secretary of State for the...
The Supreme Court has upheld a decision of the Court of Appeal, which had agreed with the Special Immigration Appeals Commission’s decision to dismiss an appeal against deprivation of British citizenship and an application for entry clearance by a woman in Syria. The case is U3 v Secretary of State...
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary of State for the Home Department [2018] EWCA Civ 841” and reminded litigants of the need to make formal applications when wanting to amend...
The Court of Appeal has upheld a decision of the Upper Tribunal to allow the Home Secretary’s appeal against a First-tier Tribunal decision allowing the appeal of a Vietnamese national on humanitarian protection grounds. The court held that the First-tier Tribunal had not given sufficient reasons for finding the appellant...
The Home Secretary has had an absolute howler in the Upper Tribunal, it is one of those decisions that is worth a read in full if you have the time. It is a successful judicial review challenging a refusal to recognise further submissions as amounting to a fresh claim. This...
The Court of Appeal has considered in Ackom v SSHD [2025] EWCA Civ 537 an appeal by a German national against deportation. The key point of contention was whether Mr Ackom would face ‘very significant obstacles to integration’ upon removal to Germany. The court considered the Kamara test in the...
The Court of Appeal has dismissed an appeal by an Albanian women in a protection claim where she initially succeeded in the First-tier Tribunal but that decision was later overturned by the Upper Tribunal. Her asylum claim was based on a risk on return from former clients of her husband’s...
Asylum Aid’s legal challenge to the lawfulness of the statelessness family reunion rules has been comprehensively upheld. The judgement was handed down by the High Court on 14 February and has not been appealed. The case is Asylum Aid v Secretary of State for the Home Department [2025] EWHC 316...
A Sudanese refugee has succeeded in challenging a negative trafficking decision after he was wrongly criticised for a lack of detail and supporting evidence for his claim. The case is R (Alnoor) v Secretary of State for the Home Department [2025] EWHC 922 (Admin). Background The claimant is a Sudanese...
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...