The Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded by flawed decision making on […]
The High Court has told the government that they should not be routinely redacting the names of civil servants when disclosing documents in the course of judicial review proceedings. The […]
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case […]
The Court of Appeal has agreed with the High Court and dismissed an appeal on a point of statutory interpretation regarding when the right of abode was acquired through a […]
The Court of Appeal has sent a case back to the Upper Tribunal for reconsideration after a failure to properly consider article 8 and the making of a material error […]
The Court of Appeal has allowed an appeal from the Upper Tribunal (IAC) against the refusal of an asylum claim by an Iraqi man whose claim was partly based on […]
The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court […]
The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings in the First-tier Tribunal due […]
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, […]
Permission has been granted in a judicial review case where an Albanian man claiming asylum had his claim certified on the basis that he was from a ‘safe country’, meaning […]
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how […]
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in […]
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where […]
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for […]
It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a […]
The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the offence of arriving (or attempting […]
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the […]
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R […]
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v […]
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied […]
In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed to meet even her minimalist […]
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R […]
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. […]
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used […]
An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is R (on the application of […]
The Home Office has, following a judicial review challenge for two claimants of Duncan Lewis, published new modern slavery statutory guidance which no longer requires a potential victim of trafficking […]
A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary […]
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the […]
This post reflects on last week’s extraordinary Court of Appeal judgment on the Rwanda policy. You can read our initial take on this here. Appeal to the Supreme Court The […]
The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for refugees from Syria. The design […]
The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short, the Rwandan authorities are not […]
Last week the Supreme Court found that a financing scheme to help individuals qualify for an Investor visa did not comply with the requirements of the immigration rules. The case […]
A Scottish Fatal Accident Inquiry has held that a number of defects in the system of working in Dungavel Immigration Removal Centre led to the death of a 54-year old […]
The High Court has decided it should not invoke its wardship jurisdiction in relation to missing and unaccompanied asylum-seeking children. In Article 39 v Secretary of State for the Home […]
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections) (CG) [2023] UKUT 00117. PO […]
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to […]
The unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently in relation to the Supreme […]
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules […]
The Upper Tribunal has set aside a decision of the First-tier Tribunal after finding the hearing was unfair because of the conduct of the judge and the failure to adjourn […]