On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to
The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement
The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their
In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has
Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision
The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not
The Court of Appeal has rejected the appeal against deportation of a woman who was sentenced to less than four years and who has lived
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement
The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim,
As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the
In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”,
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary
In FGF v Secretary of State for the Home Department, Appeal No: SN/01/2022 the Special Immigration Appeals Commission has concluded that it has the power
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an
The Upper Tribunal has confirmed that the Home Secretary’s “Discretionary Leave” guidance, version 10, published on 16 March 2023 is unlawful to the extent that
The Court of Appeal has dismissed an appeal from Shamima Begum challenging the Special Immigration Appeals Commission’s decision that the deprivation of her British citizenship
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the
We previously covered the High Court’s decision that routine redactions of junior civil servants’ names in judicial review disclosure was unlawful, and the Court of
The latest in a rash of recent cases displaying poor behaviour on the part of the Home Office is R (Amena El-Ashkar) v Secretary of
In Zhou & Ors v Secretary of State for the Home Department [2024] EWCA Civ 81 the Court of Appeal has re-affirmed the high threshold
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write
The Home Secretary has been told by the Asylum Support Tribunal to re-make the decisions to stop the asylum support for three people who refused
In Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 the Court of Appeal has allowed the Home Secretary’s appeal
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances
The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject
The Court of Appeal has rejected the Home Office’s appeal in a case involving denial of entry to the UK to the family member of
In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a
Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due
On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that amounts to an imminent risk of inhuman or degrading treatment. The Court of Appeal judgment recognised the existence of a...
The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The case is R (DM) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2024]...
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for refusal where false representations are used) applies to an application which has been varied by a later application in which...
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part of an entry clearance application. The case is R (AB) v Secretary of State for the Home Department [2024] EWCA...
The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law in circumstances where their sponsor had lost his EU citizenship. The case is Secretary of State for the Home Department...
In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living in the United Kingdom for twenty six years with no immigration status was not entitled to status on human rights...
Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision from the Upper Tribunal on how the assessment of whether a person’s fear of persecution is “well-founded” should be carried out. The case is JCK...
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous...
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...
The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of...
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024]...
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored...
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin). Both appellants...
In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”, unless they held indefinite leave to remain or had acquired permanent residence. This was confirmed last week by the Court of Appeal in R (on...
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue to tell them that they cannot do this. The latest instalment is MTA, R (On the Application Of) v Secretary of State for the Home...
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary of State for the Home Department [2022] EWHC 3120 (KB) and then again in the recently reported appeal in Johnson v Secretary of State for...
In FGF v Secretary of State for the Home Department, Appeal No: SN/01/2022 the Special Immigration Appeals Commission has concluded that it has the power to award costs in reviews, in certain circumstances. Background FGF applied for naturalisation as a British citizen on 27 January 2020. The Home Secretary refused...
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an appeal in an asylum claim from an Iranian national. The case is FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ...
The Upper Tribunal has confirmed that the Home Secretary’s “Discretionary Leave” guidance, version 10, published on 16 March 2023 is unlawful to the extent that it excludes victims of trafficking who had been accepted by the Home Office to be a victim before 30 January 2023 and had, before that...
The Court of Appeal has dismissed an appeal from Shamima Begum challenging the Special Immigration Appeals Commission’s decision that the deprivation of her British citizenship was lawful. I recommend reading Colin’s write up of that SIAC decision. This decision is Begum v Secretary of State for the Home Department [2024]...
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the basis that it was not supported by the evidence that had been provided in support of the application. The case is R (MA) v Secretary...
We previously covered the High Court’s decision that routine redactions of junior civil servants’ names in judicial review disclosure was unlawful, and the Court of Appeal has now agreed with that in R (IAB and others) v Secretary of State for the Home Department and Secretary of State for Levelling...
The latest in a rash of recent cases displaying poor behaviour on the part of the Home Office is R (Amena El-Ashkar) v Secretary of State for the Home Department JR-2022-LON-002069. This is a decision on an application by the Home Secretary to withdraw undertakings that had been provided to...
In Zhou & Ors v Secretary of State for the Home Department [2024] EWCA Civ 81 the Court of Appeal has re-affirmed the high threshold for challenging delays in decision-making by the Home Secretary and the scope of any appeal against a refusal to grant permission for judicial review. Background...
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is seeking for a court to make a finding in relation to their age in Scotland, the action should be raised as a declarator of age...
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write “[sic]” next to the really big ones. And even worse when this shade was thrown by LJ Underhill, Vice-President of the Court of Appeal, who...
The Home Secretary has been told by the Asylum Support Tribunal to re-make the decisions to stop the asylum support for three people who refused to move to the Bibby Stockholm barge. In doing so the tribunal also set out the process that should be followed for any such decisions...
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances in which the UK will grant leave to relocate to the UK to people who are at risk because they worked for or alongside UK...
The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered that evidence be excluded, and then in response to that sought to withdraw the decision under challenge. The case is Maleci (Non-admission of late evidence)...
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears to have been resolved in the Home Secretary’s favour. In R (TMX) v London Borough of Croydon & Anor [2024]...
The Court of Appeal has rejected the Home Office’s appeal in a case involving denial of entry to the UK to the family member of an EEA national on “public policy grounds”, where the person had a low risk of re-offending. The case is Secretary of State for the Home...
In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the Supreme Court does not act as an barrier to deportation on the basis that the appeal has not yet been finally determined. Background In 2007,...
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a timely manner with the court. Mr Justice Fordham KC was considering the issue of permission in an age assessment judicial review against a local authority...
Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due to several non-compliance issues. The High Court has now handed down its judgment in Supporting Care Ltd, R (On the Application Of v Secretary of...
