In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur)
The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but
The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review:
In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is
The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the
The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office
The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983.
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili
In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v
The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal)
Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the
Legislation meant to make life tougher for immigrant families accessing services may instead have brought some small relief. R (U and U) v Milton Keynes
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of
Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU
The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies
When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which
In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising powers of “pastoral” interview. PACE is the law which safeguards the rights of those...
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when deciding whether it is reasonable to expect a child to leave...
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Court of Session granted permission to proceed in Wightman and others...
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens at the Home Secretary’s discretion under section 6 of the British Nationality Act 1981, and invariably they concern criminal convictions (except for one, which...
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life for the purposes of Article 8....
The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is not really important but...
The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration Rule 276B. The court highlighted the tensions between the Home Office policy, the application of the Immigration Rule and the weight that needs to be...
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely reminder that judges are in no mood to deal with haphazard or slapdash appeals...
In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 403 deals with the grant of leave to stateless...
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken place in breach of a High Court order,...
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the EEA Regulations 2006. The Supreme Court has referred...
The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of State’s guidance failed properly to reflect Article 14(1)(a) of...
Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57. Detention centres have long been considered the...
The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office cannot impose bail conditions on a migrant who cannot be lawfully detained. Or, at least, the Home Office could not do so at the...
The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of...
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court’s judgment in AM (Zimbabwe) & Anor v Secretary of State for the Home Department [2018] EWCA...
In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors must offer a position to a settled worker ahead of a migrant where both candidates have the necessary skills and experience. Discrimination, but the acceptable...
The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, the latest decision in a long lineage examining the much maligned Points Based...
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160/16 Hasan has clarified a number of significant procedural points in the...
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The challenge RSM, an unaccompanied child in...
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker. I personally find the fact that this issue went to...
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Legal Aid Casework &...
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law was cited, most notably Lord Justice Tomlinson’s leading judgment...
The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal) v Secretary of State for the Home Department [2017] EWCA Civ 2106 was whether non-dependent adult children could qualify under the Gurkha policy. The court...
Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home Office for using excessive force against migrants during the removal process. Civil claims against the Secretary of State in these circumstances turn on whether...
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence...
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case undoubtedly represented a positive move...
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out in the EEA Regulations when making decisions....
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...
Legislation meant to make life tougher for immigrant families accessing services may instead have brought some small relief. R (U and U) v Milton Keynes Council [2017] EWHC 3050 (Admin) was an application to judicially review Milton Keynes’ decision not to accommodate two Nigerian children, aged seven and eight. under...
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge that decision in this country...
Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right to work. The most typical example is where a client has submitted an application by post before the expiry of their leave. The document showing...
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is resolved. Secretary of State for Work and Pensions v...
The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for a passport, was refused, and ordered to leave the country. He had no in-country right of appeal against the decision. This case highlights serious...
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on the basis that he would face a real risk of living in circumstances falling below the Article 3 threshold if deported. In doing...
The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail was deemed unlawful. Despite the impropriety of a...
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr Negassi permission to work, while waiting for a decision on his asylum claim, was a breach of his right to...
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot offer employment to chefs under the Tier...
When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not receive the care they need? When they’re days away from death? When it will halve their lifespan? What level of pain is required? What constitutes...
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision are income support, child benefit, child tax credits, and housing...
