Written decision published by Court of Appeal in France removal case
10 October 2025
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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
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 Kaya v Secretary of State for the Home Department [2025] UKSIAC SV/01/2024 the Special Immigration Appeals Commission (SIAC) upheld the Home Office’s decision refusing
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
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
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 Kaya v Secretary of State for the Home Department [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 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...
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...