All Articles: Cases

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 […]

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26th July 2024
BY Sonia Lenegan

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 […]

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24th July 2024
BY Alex Piletska

The High Court has found that a decision to refuse to register a child as a British Citizen was lawful, despite the “barely stated” reasons given. The case is R […]

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22nd July 2024
BY Sonia Lenegan

The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to get leave to remain when […]

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17th July 2024
BY Alex Piletska

It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did […]

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11th July 2024
BY Sonia Lenegan

The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held […]

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10th July 2024
BY Sonia Lenegan

Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High Court hearing was due to […]

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9th July 2024
BY Jed Pennington

The High Court has again confirmed that mandatory sponsor licence revocation is, indeed, mandatory. One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home […]

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9th July 2024
BY Jack Freeland

The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a case involving poor conduct on […]

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1st July 2024
BY Sonia Lenegan

The High Court has held that the decision made by Suella Braverman not to implement recommendations made in Wendy Williams’ review into the Windrush scandal was unlawful. The recommendations specifically […]

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26th June 2024
BY Sonia Lenegan

One of the changes wrought by the Nationality and Borders Act 2022 (remember that?) is an apparent increase in the standard of proof in refugee status claims. This change applies […]

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18th June 2024
BY Colin Yeo

The High Court has said that it was not unlawful that a Kenyan refugee who had been trafficked to the UK as a domestic worker had to wait from August […]

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13th June 2024
BY Sonia Lenegan

The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission […]

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12th June 2024
BY Iain Halliday

Two claimants, the charity Refugee and Migrant Forum of Essex and London “RAMFEL” and Ms Adjei, have succeeded in a judicial review where it was held that the Home Secretary’s […]

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11th June 2024
BY Sonia Lenegan

In the latest and last judgment in some fairly complex litigation around the use of hotels to accommodation and other issues, the High Court seems to have finally got to […]

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10th June 2024
BY Sonia Lenegan

The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions. The court also gave a […]

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7th June 2024
BY Sonia Lenegan

As the Home Office continues to step up enforcement action in the care sector, we have had another sponsor licence revocation decision involving a large care home operator successfully judicially […]

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4th June 2024
BY Jack Freeland

There is nothing wrong with the integrity of the process by which Educational Testing Service (“ETS”) identifies its English language test results as “invalid” or “questionable”, the Upper Tribunal has […]

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3rd June 2024
BY Keelin McCarthy

The High Court has held that the decision to refuse to grant exceptional case funding for legal aid to a person applying to the Windrush compensation scheme was lawful. The […]

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29th May 2024
BY Sonia Lenegan

After over two and a half years of children being held in inhumane conditions on Diego Garcia, the Supreme Court of the British Indian Ocean Territories has ruled that key […]

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24th May 2024
BY Kristen Allison

A man who had lived in the UK for over 20 years and was married to a British national before the relationship broke down has been unsuccessful in his challenge […]

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22nd May 2024
BY Sonia Lenegan

The High Court has determined that the Home Secretary’s use of electronic monitoring was unlawful in respect of four claimants and the principles applied in the case will have a […]

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21st May 2024
BY Sonia Lenegan

The Upper Tribunal has found the guidance to be used those who cannot travel to enrol their biometrics because it is unsafe to be unlawful. The individual refusal decisions were […]

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20th May 2024
BY Sonia Lenegan

Following a legal challenge, the small group of Sri Lankan people seeking asylum in Diego Garcia have been granted bail so that they are able to access more of the […]

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14th May 2024
BY Guy Atoun

On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that […]

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8th May 2024
BY Nakita Hedges

The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The […]

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2nd May 2024
BY Sonia Lenegan

In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for […]

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1st May 2024
BY Sonia Lenegan

The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part […]

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29th April 2024
BY Sonia Lenegan

The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law […]

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26th April 2024
BY Sonia Lenegan

In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living […]

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24th April 2024
BY Colin Yeo

Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision from the Upper Tribunal on […]

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23rd April 2024
BY Sonia Lenegan

The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not be permitted to return to […]

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19th April 2024
BY Sonia Lenegan

The Court of Appeal has rejected the appeal against deportation of a woman who was sentenced to less than four years and who has lived in the UK for almost […]

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18th April 2024
BY Sonia Lenegan

During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in […]

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15th April 2024
BY Sonia Lenegan

On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ […]

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9th April 2024
BY Colin Gregory

If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an […]

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8th April 2024
BY Nick Nason

The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the […]

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5th April 2024
BY Sonia Lenegan

The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did […]

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2nd April 2024
BY Francesca Sella

As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to return people seeking asylum to […]

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28th March 2024
BY Sonia Lenegan

The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot […]

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26th March 2024
BY Iain Halliday
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