The Secretaries of State for Defence, the Home Office and Foreign, Commonwealth and Development Affairs have succeeded in an appeal against three orders made by
Having been given a very hard time of it in the Court of Appeal, the Home Secretary has finally been vindicated in her series of
Unless and until a person has been notified that a decision has been made to make a deportation order against them, they are not liable
The case concerns a settlement application made on behalf of a child under paragraph 297 of Part 8 which was instead granted as limited leave
The Upper Tribunal has heard a challenge by a cohort of Syrian nationals regarding the certification of their asylum claims on the basis that they
In the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases under s.63 of the Nationality and Borders Act 2022,
In Majera v Secretary of State for the Home Department [2025] EWCA Civ 1597, the Court of Appeal considered the right approach to the ‘very
The Court of Appeal recently granted permission to appeal the County Court decision in Jen and Jamie Ltd v Secretary of State for the Home
The Court of Appeal has overturned a costs order made by the Upper Tribunal in which no costs were awarded in a case where the
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
The Secretaries of State for Defence, the Home Office and Foreign, Commonwealth and Development Affairs have succeeded in an appeal against three orders made by the High Court in litigation arising from the Afghan data breach which came to light last year after the superinjunction was lifted. Two of the...
Having been given a very hard time of it in the Court of Appeal, the Home Secretary has finally been vindicated in her series of appeals concerning the process for depriving people of their British citizenship. The Supreme Court has held that procedural fairness can be achieved through a statutory...
Unless and until a person has been notified that a decision has been made to make a deportation order against them, they are not liable to removal for the purpose of section 259 of the Criminal Justice Act 2003. The importance of that point in this case was that it...
The case concerns a settlement application made on behalf of a child under paragraph 297 of Part 8 which was instead granted as limited leave under Appendix FM because although her father was a British citizen resident in the UK, her mother only had limited leave. The Court of Appeal...
The Upper Tribunal has heard a challenge by a cohort of Syrian nationals regarding the certification of their asylum claims on the basis that they could be returned to a safe third country, in this case Bulgaria. It is believed that this case is the first of its kind since...
In the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases under s.63 of the Nationality and Borders Act 2022, the High Court has found that the Home Secretary’s general approach has been unlawful to date and requires significant revision. The case is R (ABW)...
In Majera v Secretary of State for the Home Department [2025] EWCA Civ 1597, the Court of Appeal considered the right approach to the ‘very compelling circumstances’ test in deportation cases where the foreign criminal claims to have been rehabilitated. This is a useful reminder of the limited weight that...
The Court of Appeal recently granted permission to appeal the County Court decision in Jen and Jamie Ltd v Secretary of State for the Home Department [2025] EWCC 41, [2025] 7 WLUK 288, in which an appeal against a civil penalty notice for illegally employing two individuals was dismissed. The...
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...
