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 said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen
An unrepresented claimant has been unsuccessful in her challenge to the Home Secretary’s decision to void her indefinite leave to remain application because she submitted a
An appeal against the refusal of an asylum claim made by an Iranian man who sought to rely on his attendance at protests in the
A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning
The High Court has dismissed a judicial review challenging the decision of the Home Secretary to refuse to grant indefinite leave to remain to the
In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving
In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has
The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce,
The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the
Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on
In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers
The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted
The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in
The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to
The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where
The First-tier Tribunal (General Regulatory Chamber) has dismissed the appeal against cancellation of the OISC accreditation of an organisation, Anzan Immigration Lawyers, and its sole
The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to
The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure
As the crackdown on sponsor licence compliance continues, in R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin) the
Spain has been ordered by the European Court of Human Rights to pay a Nigerian woman €15,000 in damages as compensation for failures relating to
The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of
In R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), the High Court ordered the defendant Home Secretary to release
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing
In a decision that forced me to google Pericles (an ancient Greek politician) and Santayana (a Spanish-American philosopher) the First-tier Tribunal (General Regulatory Chamber) has
In Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB), the High Court has awarded £203,995 to a victim of the
An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after
The Commissioner of the British Indian Ocean Territory has unsuccessfully appealed a grant of bail allowing the small group of people seeking asylum on Diego
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend
The Upper Tribunal has said that where family life exists, the article 8 rights of family members overseas need to be taken into account and
The Upper Tribunal has held that an Afghan man who was living in Ukraine at the time of the Russian invasion and who wanted to
The Upper Tribunal has held that the Home Office guidance on Zambrano carers is wrong to require decision makers to assess whether a person may
The Home Office has been ordered to disclose data on the numbers of emergency travel documents issued for Eritrea and Somalia, and how long it
The Court of Appeal has upheld a decision by the Special Immigration Appeals Commission to dismiss an appeal against the deprivation of British citizenship of
In response to the judicial review claim R (MS) v SSHD AC-2024-LON-000866, the Home Secretary has admitted a practice of intentionally delaying claims for temporary
A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the
In a really interesting case, the High Court has held that issue estoppel prevents His Majesty’s Passport Office from refusing to issue a passport to
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...
The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the...
An unrepresented claimant has been unsuccessful in her challenge to the Home Secretary’s decision to void her indefinite leave to remain application because she submitted a second application to the EU Settlement Scheme. The decision was not communicated to the claimant until it was disclosed during her appeal against the...
A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning that a sixth decision will now need to be made. The Foreign Secretary unsuccessfully tried to conceal the names of the civil servants involved. Once...
The High Court has dismissed a judicial review challenging the decision of the Home Secretary to refuse to grant indefinite leave to remain to the claimant, Jeanell Hippolyte, under the Windrush scheme. The case is Hippolyte v Secretary of State for the Home Department [2024] EWHC 2968 (Admin). Claimant’s background...
In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving him an in-country right of appeal, by relying on a certification decision relating to his deportation in 2019 rather than issuing a new certification decision....
In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has said that failure to properly assess the risk of ill treatment of an LGBTQI+ person in their country of origin and whether state protection was...
The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment caused by the “no recourse to public funds” (“NRPF”) condition. The case...
The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the basis that he was not exercising treaty rights immediately prior to the end of the transition period. The case is Manyo (EEA deportation, Imprisonment at...
Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on whether revocation of leave for a refugee on the grounds that he was deemed a danger to the UK amounted to a breach of the...
In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers should assess the seriousness of a crime in the context of deportation proceedings. This assessment is important because the more serious the crime, the greater...
The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)....
The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in breach of the Immigration (Notices) Regulations 2003, the time limit for appealing does not start to run. The consequence of that in this case, R...
The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to work” is sufficient for the purposes of section 15(1) Immigration Asylum and Nationality Act 2006 when issuing an employer penalty notice. The case is Akbars...
The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being...
The First-tier Tribunal (General Regulatory Chamber) has dismissed the appeal against cancellation of the OISC accreditation of an organisation, Anzan Immigration Lawyers, and its sole adviser Mr Ali Rahmanyfar after a large number of breaches of the code of standards. The case is Anzan Immigration Lawyers v Office of the...
The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to make the application again and request an extension of time. When he did so there was then incredibly another two year delay in the Court...
The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration Act 2009 is not required in a decision letter in order to demonstrate that the duty has been complied with. The court also held that...
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure Rules on expert evidence and in particular the need to make an application to rely on this as soon as possible. The case is R...
As the crackdown on sponsor licence compliance continues, in R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin) the High Court has considered another case involving the revocation of a care home operator’s sponsor licence. In contrast to previous revocation cases we looked...
Spain has been ordered by the European Court of Human Rights to pay a Nigerian woman €15,000 in damages as compensation for failures relating to the investigation of allegations that she was trafficked to Spain for forced prostitution. The case is T.V. v. Spain (application no. 22512/21) and although the...
The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The case also contains some procedurama* about points which can be raised on appeal not previously taken and considers the applicability of points said to be...
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human Rights because of the delay in the applicant’s asylum claim. The case is JR247, Re Application for Judicial Review (Rev1) [2024] NIKB 72. Background The...
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of the legal principles to be followed on the interpretation of policy. The case is R (Bam Bahadur Gurung) v Secretary of State for the Home...
In R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), the High Court ordered the defendant Home Secretary to release a detainee who was being detained pending the resolution of Proceeds of Crime Act proceedings against him in the Crown Court. It addresses the relatively...
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing a criminal offence after 31 December 2020? This question was considered by the Upper Tribunal in Secretary of State for the Home Department v Vargova...
In a decision that forced me to google Pericles (an ancient Greek politician) and Santayana (a Spanish-American philosopher) the First-tier Tribunal (General Regulatory Chamber) has allowed an appeal relating to the Home Office’s refusal to disclose the report on “The Historical Roots of the Windrush Scandal”. This is the second...
In Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB), the High Court has awarded £203,995 to a victim of the abuse at Brook House immigration removal centre. The judgment is a vindication of the bravery of detainees who came forward to participate and give evidence...
An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after obvious errors were made both procedurally and in the refusal letter. The case is R (on the application of Ghadam) v Secretary of State for...
The Commissioner of the British Indian Ocean Territory has unsuccessfully appealed a grant of bail allowing the small group of people seeking asylum on Diego Garcia to access certain parts of the island. The case is The Commissioner v The King (on the application of VT & Ors) (No. 3)...
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...
The Upper Tribunal has said that where family life exists, the article 8 rights of family members overseas need to be taken into account and it is wrong to focus only on the rights of the UK based sponsor. Following on from that, the refusal to grant entry clearance to...
The Upper Tribunal has held that the Home Office guidance on Zambrano carers is wrong to require decision makers to assess whether a person may be able to make an application with a “realistic prospect” of succeeding under Appendix FM. This was the same conclusion reached by the High Court...
The Home Office has been ordered to disclose data on the numbers of emergency travel documents issued for Eritrea and Somalia, and how long it took for those documents to be issued, after refusing to provide the information in response to a request made under the Freedom of Information Act...
The Court of Appeal has upheld a decision by the Special Immigration Appeals Commission to dismiss an appeal against the deprivation of British citizenship of a man who travelled to Syria and fought with a group aligned to Al-Qaeda. The case is B4 v Secretary of State for the Home...
In response to the judicial review claim R (MS) v SSHD AC-2024-LON-000866, the Home Secretary has admitted a practice of intentionally delaying claims for temporary permission to stay made by asylum seeking trafficking victims who were at the time earmarked for possible removal to Rwanda. The pause, which was not...
A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the evidence as to why the move was unsuitable because of his particular circumstances. In his case those circumstances were that he had won a scholarship...
In a really interesting case, the High Court has held that issue estoppel prevents His Majesty’s Passport Office from refusing to issue a passport to an applicant, because of a finding made by the First-tier Tribunal that he is, in fact, British, despite the lack of evidence. That case is...
