Irritated Court of Appeal takes judges and lawyers to task over immigration appeals
8 July 2019
1 Comment
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
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
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a
Almost as soon as a court has provided substantive guidance on a particular area of immigration law, the law seems to change. So it is
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within
The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU
The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer
Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC
I acted for the appellant in the extraordinary case of Guled v SSHD [2019] EWCA Civ 92, in which the Court of Appeal ruled on
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...
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation. Charles Bourne QC, sitting as a deputy High Court judge, explains that receipt of a suspension letter presents a...
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the European Union, which has held that although...
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading treatment, but set the...
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKUT 389 (IAC). The case is WA (Pakistan) v...
The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 (SI 2017 No. 405)...
The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is just an idea, a figment of someone’s fevered...
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the important Gureckis judgment of December 2017, the High Court had ruled that...
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fait with when the Secretary of State’s consent is required for an...
Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination in breach of the European Convention on Human Rights. The Joint Council for the...
I acted for the appellant in the extraordinary case of Guled v SSHD [2019] EWCA Civ 92, in which the Court of Appeal ruled on the legal status of a deportation order made in 2002. 2002: deportation order made Even by immigration standards, Mr G had a complex case. We...