No need to be a “qualified person” to use the Surinder Singh route
4 May 2020
No Comments
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
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
When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was
Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever
In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed
Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals
The Home Office may have to pay compensation in the case of major blunders, the Court of Appeal has said in a significant new ruling,
The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to
How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life,
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European
The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years
The case of R (Suliman) v Secretary of State for the Home Department [2020] EWHC 326 (Admin) is a welcome reminder to the Home Office
The Upper Tribunal has dismissed a judicial review of the restricted leave policy. This policy governs the grant of leave to remain in the UK
KF et ors (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC) concerns an 18-year-old Syrian refugee sponsor, whose mother, father and younger siblings
In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against
Over 11 years since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 82, the Upper Tribunal has revisited the
The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention
Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments
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”...
When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and lengthy discussion about the meaning of...
Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever depart from this policy? The Upper Tribunal judgment in R (Ellis) v Secretary of State for the Home Department (discretionary leave policy; supplementary reasons) [2020]...
In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed that the immigration tribunal can and must decide for itself whether an appellant was a victim of trafficking. The tribunal is not bound by decisions...
Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals provides the judges who serve in his Immigration and Asylum Chamber with very strong guidance on mixed credibility findings and the assessment of family life....
The Home Office may have to pay compensation in the case of major blunders, the Court of Appeal has said in a significant new ruling, Husson v Secretary of State for the Home Department [2020] EWCA Civ 329. Challenging an impressive new low by the Home Office, Mr Husson sought...
The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to remove to Bahrain. The case is A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC 323 (Fam). A has lived in the UK...
How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life, be deported to Jamaica? The Voice newspaper reports on the case of Osime Brown, a 21-year-old man who the Home Office is trying to deport....
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). Background: the deport first, appeal...
The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years has meant that 99% have now emigrated. The United Nations and other international observers estimate that there may be only 1,000 Sikhs left in Afghanistan,...
The Upper Tribunal has dismissed a judicial review of the restricted leave policy. This policy governs the grant of leave to remain in the UK to people who the Home Office wishes to remove but cannot because it would breach the European Convention on Human Rights. The restricted leave policy...
KF et ors (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC) concerns an 18-year-old Syrian refugee sponsor, whose mother, father and younger siblings applied for family reunion with him. The key principles identified by the tribunal do not emerge particularly clearly from the headnote, so it is worth...
In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against migrant victims of domestic violence and abuse. The rules required three years’ lawful residence in the UK to qualify for a student loan but failed...
Over 11 years since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 82, the Upper Tribunal has revisited the question of risk on return for certain groups of Christians in Iran. The result is PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC)....
The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself unlawful. In this case the deportation...
Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an appeal brought by Mr Patel, an Indian citizen, against a decision to deport him following a 2016 conviction for money...
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...