Refugee status can be taken away even if threat of persecution still looms
30 July 2019
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In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office
In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the
If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending?
The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the
In immigration law, deadlines are important. They also frequently cause confusion. Sound familiar? That may be because this is how I began a post last
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of
In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under
The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK
In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was
In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of
Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail,
Where a company sponsors a worker from overseas to fill a vacancy in the UK they must only do so if that vacancy is “genuine”.
Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went
This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for
The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens
The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example
AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should
Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA
Hot on the heels of the decision in Sajjad comes another mind-bending Home Office decision on Tier 1 (Entrepreneur) visa extensions, this time relating to
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who
The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking:
The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown
This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention.
The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when
The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement
The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the
The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals
The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he
In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office can cease refugee status where there has been a change of circumstances in the refugee’s country of origin such that it is possible for them...
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK and married a British citizen in...
If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending? In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appeal considered this question and held that...
The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253, involving an Iraqi doctor who was formerly employed to care for prisoners by Iraqi military intelligence. The Court of...
In immigration law, deadlines are important. They also frequently cause confusion. Sound familiar? That may be because this is how I began a post last month following the Upper Tribunal case of Bhavsar. The Upper Tribunal has now published another case demonstrating the importance of, and confusion caused by, deadlines...
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had previously heard the appeal. In this post we look...
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. In Kabir, the First-tier Tribunal had refused...
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Department [2019] EWCA Civ 1168. Any decision to detain cannot be based...
In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct procedure for raising “cross appeals” in the Upper Tribunal. I represented the claimant...
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) [2019] UKUT 195 (IAC) that there are limits to how...
In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri Lankan who came to the...
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was unfair. PN v Secretary of State for the Home Department [2019] EWHC 1616 (Admin) is the latest in a series of cases about the consequences...
In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal decided that, where an application for permission to appeal is submitted to...
Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be “continuous” if it involved short gaps between lawful periods of leave where an applicant has overstayed? This was the question addressed by the Court of...
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail, the Court of Appeal has held. The case is Secretary of State for the Home Department v Viscu [2019] EWCA Civ 1052. EU deportation law...
This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 951, the court found that the Home Office had not properly investigated the appellant’s account of being persecuted before...
The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens from the so-called Accession Eight (or “A8”) countries that joined the EU in 2004 and means that the United Kingdom unlawfully imposed a...
The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example of the kind of human rights arguments that will sway judges in this notoriously difficult area of law. The court reiterated the high threshold that...
AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should take to factual findings made by another tribunal judge in a related appeal. In this case, AL’s elder brother had claimed asylum on much the...
Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure to do so should damage their credibility, the Court of Appeal has ruled. KA (Afghanistan) v Secretary of State for the Home Department [2019] EWCA...
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocation”. It broadly held that relocation to Kabul was generally safe and...
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of three Lord Justices declared that Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF (Eritrea) v Secretary of...
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it...
Hot on the heels of the decision in Sajjad comes another mind-bending Home Office decision on Tier 1 (Entrepreneur) visa extensions, this time relating to job creation. In R (Khajuria) v SSHD [2019] EWHC 1226, an Indian entrepreneur had created the jobs necessary to extend her visa but her application...
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be lawfully deprived of their refugee status under EU law and that there is no incompatibility on this issue between EU...
The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R [2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted for cannabis cultivation, the conviction was overturned....
This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention. They are R (Muasa) v Secretary of State for the Home Department [2017] EWHC 2267 (Admin) and R (TM (Kenya)) v Secretary of State for...
The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) (application no. 62824/16) is only a decision of...
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications. The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways...
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice McCloskey, President of the Upper...
The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in these cases is “legally flawed” and needs a major overhaul to...
The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53,...
The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child’s departure from the UK is unlikely to take place,...
The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha & Ors) v Secretary of State for the Home Department (representatives:...
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State...
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA...