In a stinging judgment, the High Court has found that the Home Secretary failed to comply with an article 3 systems duty in the operation
The High Court found that a University’s failure to rescind its withdrawal of sponsorship, or at least inquire about the possibility of doing so with
This is one of those real train wrecks from the Home Office, where you may want to make yourself a large cup of coffee and
A longstanding provision of EU law is that the children of EU workers have the right to be educated in the EU worker’s host state,
The High Court has ordered the Home Secretary to grant indefinite leave to remain to a man who has held discretionary leave to remain for
The requirements for remaining in the UK under the Windrush scheme are outlined in the Home Office’s casework guidance. For the child of a Commonwealth
The High Court has conducted a detailed analysis of what constitutes a “non-genuine vacancy” in R (Prestige Social Care Services Ltd) v Secretary of State
An applicant has successfully challenged a refusal to grant him indefinite leave to remain on the grounds that he did not meet the continuous residence
The Court of Appeal has made clear that Part 5A of the Nationality, Immigration and Asylum Act 2002, which sets out the public interest considerations
The Court of Appeal has reiterated that for adult siblings to be able to establish family life for the purpose of article 8(1) there is
A person refused a skilled worker visa because they were on immigration bail at the time of their application has lost their challenge in the
If the Home Office seeks to deport a foreign criminal and certifies their human rights claim, but that foreign criminal successfully challenges the decision to
The Home Secretary has partly succeeded in her appeal in a case concerning eVisas and section 3C leave, with the rest of the case being
An applicant has successfully challenged the refusal of a visitor visa in an unreported judicial review decision by the Upper Tribunal. The case is R
The Special Immigration Appeals Commission has dismissed a review of the refusal of a naturalisation application on good character grounds, based on the applicant’s previous
Epping Forest District Council has lost its legal challenge in which it sought an injunction to prevent the Bell Hotel being used as asylum accommodation.
The High Court has said that in cases where accommodation is provided under schedule 10 of the Immigration Act 2016, location can in some circumstances
Two Afghan nationals sought to appeal the High Court’s dismissal of their challenges to the Home Office’s decision to refuse their applications for relocation to
The Upper Tribunal has handed down a significant decision on overseas adoptions and their interplay with immigration rules in the case of ST (Adoptions: ‘overseas’
The High Court has granted permission to our clients, BSC and JS, in a judicial review challenge to the Home Office’s eVisa policy. The claim
Two more immigration lawyers, a barrister and a solicitor, are facing the possibility of a Hamid hearing and a referral to their professional regulator after
The High Court has ruled on the limits of immigration bail powers in the context of electronic monitoring conditions where there is no prospect of
A care worker has successfully challenged the Home Office’s decision to curtail his skilled worker visa after the High Court found immigration enforcement officers failed
A deaf and blind man has unsuccessfully challenged the Home Office’s decision to move him within the asylum accommodation system, away from a place where
An immigration adviser trading as Sport Immigration Services (SIS) has lost his appeal against cancellation of registration by the Immigration Advice Authority (formerly OISC). The
The Court of Appeal has overturned a refusal of permission by the Upper Tribunal in a judicial review claim where the appellant disputed receipt of
We now have the Court of Appeal’s written decision in R (CTK) v Secretary of State for the Home Department [2025] EWCA Civ 1264. This
The Home Secretary must carry out a review of the policy on refugee family reunion for child refugees under the now closed Appendix Family Reunion
A gay man from India has successfully challenged a decision by the Home Secretary to certify his human rights claim, meaning that he was unable
The Home Secretary has won a deportation appeal in the Court of Appeal, overturning a 70 year old woman’s successful appeal against a refusal to
Where multiple decisions have been made in a case, each attracting the right of appeal, care must be taken to ensure that the correct procedural
In Metin Kaya (Visit Visa: substantive) [2025] UKSIAC SV/01/2024 the Special Immigration Appeals Commission (SIAC) upheld the Home Office’s decision refusing to issue a visit
The Upper Tribunal has concluded that a person in the UK on a Health Care Worker visa but encountered working at a restaurant was not
The Upper Tribunal has allowed a judicial review brought by a Palestinian man after a nightmare scenario where the Home Office withdrew the refusal of
In a newly reported Hamid decision of the Upper Tribunal, a barrister has been referred to the Bar Standards Board for investigation following his use
The Court of Appeal has overturned the grant of interim relief in the case of the hotel in Epping where the council sought, and at
The Home Secretary has been ordered to provide asylum accommodation to a man with mental health needs who has continued to be held in immigration
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
In a stinging judgment, the High Court has found that the Home Secretary failed to comply with an article 3 systems duty in the operation of the rule 35 system in Brook House immigration removal centre, at least between 28 July 2023 and 11 March 2024. The case is AH...
The High Court found that a University’s failure to rescind its withdrawal of sponsorship, or at least inquire about the possibility of doing so with the Home Office, was either a fettering of its discretion or irrational conduct given the circumstances of the case. The judgment is a welcome reminder...
This is one of those real train wrecks from the Home Office, where you may want to make yourself a large cup of coffee and read through the whole judgment. It features a person being wrongly told by the Home Office to make a No Time Limit application, followed by...
The High Court has ordered the Home Secretary to grant indefinite leave to remain to a man who has held discretionary leave to remain for 15 years, first granted under the pre-July 2012 policy. The Home Secretary had tried to rely on a conviction that pre-dated the first grant of...
The requirements for remaining in the UK under the Windrush scheme are outlined in the Home Office’s casework guidance. For the child of a Commonwealth citizen who was settled in the UK before 1 January 1971 the guidance requires that the applicant has been continuously resident in the UK since...
The High Court has conducted a detailed analysis of what constitutes a “non-genuine vacancy” in R (Prestige Social Care Services Ltd) v Secretary of State for the Home Department [2025] EWHC 2860 (Admin). In doing so, the court introduced a new analytical framework for assessing whether a role is genuine....
An applicant has successfully challenged a refusal to grant him indefinite leave to remain on the grounds that he did not meet the continuous residence requirement, after his leave was wrongly cancelled in 2014 when the Home Office alleged that he had obtained an English language test by deception. It...
The Court of Appeal has made clear that Part 5A of the Nationality, Immigration and Asylum Act 2002, which sets out the public interest considerations when considering article 8 in a deportation case, applies to decisions on revocation of a deportation order when the applicant is outside the UK. The...
The Court of Appeal has reiterated that for adult siblings to be able to establish family life for the purpose of article 8(1) there is a requirement for “additional elements of dependence, involving more than the normal emotional ties”. The court found that these additional elements did not exist in...
A person refused a skilled worker visa because they were on immigration bail at the time of their application has lost their challenge in the Court of Appeal. The case is R (Kaur & Ors) v Secretary of State for the Home Department [2025] EWCA Civ 1474. Background The appellant...
If the Home Office seeks to deport a foreign criminal and certifies their human rights claim, but that foreign criminal successfully challenges the decision to deport (and to certify), what is the immigration status of the foreign criminal afterwards? The Upper Tribunal gives guidance on this question in MM, R...
The Home Secretary has partly succeeded in her appeal in a case concerning eVisas and section 3C leave, with the rest of the case being adjourned by the Court of Appeal so that the parties can make further submissions on the section 55 duty regarding the welfare of children. Our...
An applicant has successfully challenged the refusal of a visitor visa in an unreported judicial review decision by the Upper Tribunal. The case is R (Shajna Begum) v Entry Clearance Officer JR-2024-LON-003343. Background The applicant sought to enter the UK as a visitor to provide her pregnant cousin with support...
The Special Immigration Appeals Commission has dismissed a review of the refusal of a naturalisation application on good character grounds, based on the applicant’s previous involvement with a proscribed organisation. The case is AZ (Naturalisation: Substantive) [2025] UKSIAC SN/04/2024. Background AZ is a Turkish national of Kurdish origin. When he...
Epping Forest District Council has lost its legal challenge in which it sought an injunction to prevent the Bell Hotel being used as asylum accommodation. The case is Epping Forest District Council v Somani Hotels Limited [2025] EWHC 2937 (KB). The Home Secretary and Clearsprings Ready Homes Limited were both...
The High Court has said that in cases where accommodation is provided under schedule 10 of the Immigration Act 2016, location can in some circumstances be relevant to the Home Office’s assessment of the suitability of the accommodation. This is in contrast to the “no choice” basis under the Allocation...
Two Afghan nationals sought to appeal the High Court’s dismissal of their challenges to the Home Office’s decision to refuse their applications for relocation to the UK under the Afghanistan Response Route, the secret relocation scheme set up in response to the data breach in February 2022. In an OPEN...
The Upper Tribunal has handed down a significant decision on overseas adoptions and their interplay with immigration rules in the case of ST (Adoptions: ‘overseas’ adoptions: para 310) India [2025] UKUT 352 (IAC). The case is a reminder that even where an adoption is recognised as an “overseas adoption” under...
The High Court has granted permission to our clients, BSC and JS, in a judicial review challenge to the Home Office’s eVisa policy. The claim argues that the Home Secretary is operating an unlawful policy by issuing proof of immigration status only through eVisas and by refusing to provide alternative...
Two more immigration lawyers, a barrister and a solicitor, are facing the possibility of a Hamid hearing and a referral to their professional regulator after the Upper Tribunal issued show cause orders to each of them in cases involving alleged misuse of AI. These are two unreported decisions, one was...
The High Court has ruled on the limits of immigration bail powers in the context of electronic monitoring conditions where there is no prospect of the Home Office removing the tag wearer from the UK. The case is R (Mustafa Taskiran) v Secretary of State for the Home Department [2025]...
A care worker has successfully challenged the Home Office’s decision to curtail his skilled worker visa after the High Court found immigration enforcement officers failed to ensure procedural fairness when conducting an interview in the middle of Birmingham New Street Station. Background The claimant in R (On the Application of...
A deaf and blind man has unsuccessfully challenged the Home Office’s decision to move him within the asylum accommodation system, away from a place where he could easily access a supportive community. The case is R (BLV) v Secretary of State for the Home Department [2025] EWHC 2516 (Admin) and...
An immigration adviser trading as Sport Immigration Services (SIS) has lost his appeal against cancellation of registration by the Immigration Advice Authority (formerly OISC). The case is Kesejini (t/a Sport Immigration Services) v Immigration Services Commissioner [2025] UKFTT 290 (GRC). Background Complaints were made about SIS in January and February...
The Court of Appeal has overturned a refusal of permission by the Upper Tribunal in a judicial review claim where the appellant disputed receipt of an email from the Home Office cancelling his leave. He had seemingly only discovered that the cancellation has been sent after he instructed solicitors to...
We now have the Court of Appeal’s written decision in R (CTK) v Secretary of State for the Home Department [2025] EWCA Civ 1264. This was the case where the High Court granted interim relief preventing the removal of an Eritrean man to France, prompting a change in the modern...
The Home Secretary must carry out a review of the policy on refugee family reunion for child refugees under the now closed Appendix Family Reunion (Sponsors with Protection) in line with her duty under section 55 of the Borders, Citizenship and Immigration Act 2009, having failed to do so previously....
A gay man from India has successfully challenged a decision by the Home Secretary to certify his human rights claim, meaning that he was unable to appeal the refusal. He will now be able to appeal the refusal of his human rights claim to the tribunal. This is a Scottish...
The Home Secretary has won a deportation appeal in the Court of Appeal, overturning a 70 year old woman’s successful appeal against a refusal to revoke her 23 year old deportation order. Success was only on a narrow point though and the matter has been returned to the same tribunal...
Where multiple decisions have been made in a case, each attracting the right of appeal, care must be taken to ensure that the correct procedural steps are taken, otherwise the tribunal may lack jurisdiction. This position has been set out in a decision of the Upper Tribunal in allowing an...
In Metin Kaya (Visit Visa: substantive) [2025] UKSIAC SV/01/2024 the Special Immigration Appeals Commission (SIAC) upheld the Home Office’s decision refusing to issue a visit visa to a Turkish national on the basis that his presence in the UK is not conducive to the public good. The decision takes a...
The Upper Tribunal has concluded that a person in the UK on a Health Care Worker visa but encountered working at a restaurant was not undertaking supplementary employment and so his leave was lawfully cancelled. The case is R (Hridoy) v Secretary of State for the Home Department JR-2024-LON-002819. The...
The Upper Tribunal has allowed a judicial review brought by a Palestinian man after a nightmare scenario where the Home Office withdrew the refusal of his asylum claim the day before his appeal hearing, indicating that refugee status would be granted, only to later to resile from that position following...
In a newly reported Hamid decision of the Upper Tribunal, a barrister has been referred to the Bar Standards Board for investigation following his use of a false citation generated by ChatGPT. The case is MS v Secretary of State for the Home Department (Professional Conduct: AI Generated Documents) Bangladesh...
The Court of Appeal has overturned the grant of interim relief in the case of the hotel in Epping where the council sought, and at first obtained, an order for the people being accommodated in the hotel to be moved out by 12 September 2025. The Home Secretary succeeded in...
The Home Secretary has been ordered to provide asylum accommodation to a man with mental health needs who has continued to be held in immigration detention for 15 weeks after he was first granted conditional bail by the First-tier Tribunal. The High Court also granted permission for judicial review on...
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...
