Revocation challenge fails despite ten-year deportation delay
Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked.
Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked.
Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum
This deceptively simple question was the subject of the Court of Appeal’s decision in the three joined cases reported as Mahmood v Upper Tribunal (Immigration
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to
The Court of Appeal has rejected a challenge to the £1 an hour rate of pay for detainees who undertake work in immigration removal centres.
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A
The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking
The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139
“Devani” in my native language of Punjabi/Urdu roughly translates as “crazy” or “mad”. An apt name for the case of Devani [2020] EWCA Civ 612,
Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was
A quick note on this Advocate General’s Opinion fresh from Luxembourg on the Qualification Directive. The case is C‑255/19 Secretary of State for the Home
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good
The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals –
Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73
The Court of Appeal has rejected an appeal by Turkish business owners challenging a reduction in their settlement rights. The case is R (Alliance of
In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory
In R (Habte) v Secretary of State for the Home Department [2020] EWHC 967 (Admin), the High Court has decided that conducting a substantive asylum
Last year, in the important case of Balajigari [2019] EWCA Civ 673, the Court of Appeal ruled that, before refusing a settlement application on the
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family
Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one
The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge)
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet
In LE (St Vincent and the Grenadines) v SSHD [2020] EWCA Civ 505 the Court of Appeal upheld a decision to deport a Royal Marine
The Court of Appeal has returned to the legal issues arising from the closure of the Calais refugee camp in September 2016 and section 67
The vexed issue of reasonableness, removals and children is back in the judicial spotlight once more in a new Court of Appeal ruling, Runa v
D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a
The Home Office evicted an asylum seeker with mental health problems and symptoms of COIVD-19, leaving him on the streets for over a week, it
The Upper Tribunal has again considered section 104 of the Nationality, Immigration and Asylum Act 2002. Following on from the case of MSU, which I
In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted
This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation –
R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which
The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of
In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC
Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has clarified points of law in favour of migrants but almost all have come far too late to be useful. The latest case of Chowdhury (Extended...
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum seekers. It is not a Grand Chamber decision and the main point of contention was the credibility of the applicant, but nonetheless it suggests that...
This deceptively simple question was the subject of the Court of Appeal’s decision in the three joined cases reported as Mahmood v Upper Tribunal (Immigration & Asylum Chamber) & Ors [2020] EWCA Civ 717. Sending a picture of your penis to a 15-year-old girl and causing her to send an...
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Netherlands to Moroccan parents. His parents...
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and claim asylum. In M.N. and Others v. Belgium (application no. 3599/18), the Strasbourg court ruled that an application brought by...
The Court of Appeal has rejected a challenge to the £1 an hour rate of pay for detainees who undertake work in immigration removal centres. In R (Badmus) v Secretary of State for the Home Department [2020] EWCA Civ 657 the court maintained the decision reached by the High Court...
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWHC 1299, the High Court found the...
The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam) applies previously established principles to a particular set of circumstances. It follows on...
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides an example of how judges should proceed in light of...
The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judgment is R (Dzineku-Liggison & Ors) v Secretary of...
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139 (Admin) looks particularly pointless. The claimant had an incredibly strong case and the judge allowed the claim with little hesitation. By allowing it to get...
“Devani” in my native language of Punjabi/Urdu roughly translates as “crazy” or “mad”. An apt name for the case of Devani [2020] EWCA Civ 612, because it’s never promising when a judgment starts by saying “this appeal has a complicated and unsatisfactory procedural history”. Asylum appeal accidentally dismissed The case...
Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was with Nazi Germany and Soviet Russia, it was resurrected with a vengeance after 2010. One way in which British citizens are stripped of their status...
A quick note on this Advocate General’s Opinion fresh from Luxembourg on the Qualification Directive. The case is C‑255/19 Secretary of State for the Home Department v OA. The Qualification Directive sets out the criteria for determining asylum claims in the European Union. The issue in this case was around...
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good health can safely and reasonably relocate to Kabul subject to individual factors. That decision had been set aside and remitted to the tribunal by the...
The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC) following on the heels of MSU and Aziz. This time the facts concern an appeal against a refusal by the...
Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73 (AAC) is one such case from the Administrative Appeals Chamber. It effectively confirms that a British citizen who returns to the UK with family members...
The Court of Appeal has rejected an appeal by Turkish business owners challenging a reduction in their settlement rights. The case is R (Alliance of Turkish Business People Ltd) v Secretary of State for the Home Department [2020] EWCA Civ 553. Self-employed Turkish business people used to be entitled to...
In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to seriously ill migrants facing deportation from the UK and subsequent death for want of medical treatment. The judgment opens by noting that the case...
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 (Admin). Mr Justice Swift found that although the Social...
In R (Habte) v Secretary of State for the Home Department [2020] EWHC 967 (Admin), the High Court has decided that conducting a substantive asylum interview does not amount to assuming responsibility for the asylum claim under Article 17(1) of the Dublin Regulation. The situation arose because the Home Office,...
Last year, in the important case of Balajigari [2019] EWCA Civ 673, the Court of Appeal ruled that, before refusing a settlement application on the basis that the person applying has been dishonest, the Home Office must: Let the applicant know that they are minded to refuse, and allow them...
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one concerning religious conversion cases and the other concerning clerical errors in a written decision. “Expert” evidence on religious conversion The first is quite a significant...
The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC), the President and Vice President of the Upper Tribunal provide guidance on how tribunal judges should manage hearings: During the...
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their human rights. As confirmed by the Supreme Court...
The Court of Appeal has returned to the legal issues arising from the closure of the Calais refugee camp in September 2016 and section 67 of the Immigration Act 2016, which forced the Home Office to develop a process for admitting unaccompanied children from the camp into the United Kingdom....
The vexed issue of reasonableness, removals and children is back in the judicial spotlight once more in a new Court of Appeal ruling, Runa v Secretary of State for the Home Department [2020] EWCA Civ 514. The case involved an appeal against a refusal to grant Ms Runa, an overstayer,...
D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is a dispute between a well-known immigration law firm, Duncan Lewis, and the President of the First-tier Tribunal, Michael Clements. President...
The Upper Tribunal has again considered section 104 of the Nationality, Immigration and Asylum Act 2002. Following on from the case of MSU, which I wrote about here, we have Aziz (NIAA 2002 s 104(4A): abandonment) [2020] UKUT 84 (IAC). The official headnote reads: Where a person brings an appeal...
In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to use summary removal to get rid of asylum seekers. The decision continues the court’s retreat over the interpretation of Article 4 of the Fourth Protocol...
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In response, the Home Office sought...
This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC). Mr Bajracharya made an application to remain in the UK on the basis of his private and family life. He...
R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant’s extremely serious offending history. It is primarily interesting...
The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of domestic abuse, and in appeal rights more generally. The Upper Tribunal has ruled that the Home Office can simply refuse to engage with a human...
In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person wrongly believed that they had indefinite leave to remain. It also identifies a loophole – a term not used without hesitation, but it is difficult...
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases as “deport first, appeal later”...