All Articles: Cases

Windrush victims win citizenship rule waiver

Two victims of the Windrush scandal have won a High Court challenge arguing for citizenship law to be applied more leniently in special cases like theirs. Mr Justice Bourne held today that a seemingly inflexible provision of British nationality law re ...

16th December 2021 By

Home Office immigration bail powers upheld

In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at t ...

14th December 2021 By

Carriers’ liability: what counts as an “effective system” of lorry checks?

Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were discovered to have arrived in the UK concealed in a vehicle; still more will have ...

13th December 2021 By

NHS charging: basing treatment decisions on immigration status is lawful

The High Court in R (OK) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 has rejected another challenge to the operation of the NHS charging regulations. This claim for judicial review was brought by OK, a Nigerian man living in England ...

10th December 2021 By

Man who has never left the UK avoids deportation after seven-year legal battle

A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal has decided. The case is Akinyemi v Secretary of State for the Home Department (unreported, DA/00574/2014). Rem ...

7th December 2021 By

Pakistani property tycoons excluded from the UK

A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to the public good” due to their conduct, character and associations. The Court of Appeal considered this provision ...

6th December 2021 By

The effect of deportation on children: Imran case reversed

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly ...

2nd December 2021 By

Supreme Court overturns expansion of benefits rights for EU citizens

The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...

1st December 2021 By

No costs awarded where claimant got interim relief but legal issues unresolved

In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying lega ...

30th November 2021 By

Cessation, Article 3 and removing refugees from the UK

In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead ...

29th November 2021 By

The meaning of “admissible” in statelessness cases

In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applicat ...

29th November 2021 By

EU law still applies in legacy appeals under the EEA Regulations

Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in bre ...

26th November 2021 By

Court of Appeal tells SIAC to pay more respect to Home Office on national security

Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is t ...

26th November 2021 By

Reopening a finalised immigration appeal is actually pretty hard

It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly ...

24th November 2021 By

Early guilty plea saves 75-year-old woman from deportation to USA

The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last y ...

22nd November 2021 By

Upper Tribunal revisits issue of permission for video evidence from abroad

Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance ( ...

22nd November 2021 By

One month a reasonable time to source bail accommodation during pandemic

In R (Babbage) v Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the High Court found that a person with an extensive offending and adverse immigration history who posed high risks of re-offending and absconding was unlawfully det ...

18th November 2021 By

Upper Tribunal reminds everyone: this is not the place for new evidence

Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The m ...

16th November 2021 By

Reconciliation with victim a factor against deportation

In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal ...

9th November 2021 By

Fresh guidance on fresh claims

What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upp ...

3rd November 2021 By

Claiming humanitarian protection in medical treatment cases

Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 ...

25th October 2021 By

Confirmed: Home Office can ignore human rights claims

The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for ...

21st October 2021 By

Government must obey court orders even if invalid, Supreme Court holds

The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional ...

20th October 2021 By

Can an immigration decision be put on ice during a criminal investigation?

This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats. Challenge to five-year delay pending fraud inves ...

19th October 2021 By

Give trafficked asylum seekers permission to stay, says High Court

The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week, is a massive result for trafficking victims. The High Court has concluded that a trafficking victim who i ...

15th October 2021 By

Court of Appeal clears up how Article 8 works in Dublin III family reunion cases

In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an ...

13th October 2021 By

Asylum seekers denied “essential living needs” during pandemic, finds High Court

In the case of JM v Secretary of State for the Home Department [2021] EWHC 2514, the High Court has held that the government failed to cater for asylum seekers’ essential living needs during the pandemic.  The court found that JM, who was housed in ...

7th October 2021 By

Asylum seeker right to work policy declared unlawful, again

There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue ...

6th October 2021 By

EU court considers Comprehensive Sickness Insurance

Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. T ...

4th October 2021 By

Home Office must consider banning Prince from the UK, judge rules

No, not Prince Andrew, who has enough problems already. Not the late American pop star either. Prince Nasser Bin Hamad Al Khalifa of Bahrain. According to the High Court in FF v Secretary of State for the Home Department [2021] EWHC 2566 (Admin), the ...

29th September 2021 By

No blanket relief for appellants denied hearing under unlawful pandemic guidance

At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essen ...

27th September 2021 By

Deprivation of citizenship for fraud after Begum

In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds ...

27th September 2021 By

Serious crime enough for humanitarian protection to be revoked

A serious crime is enough for humanitarian protection to be revoked, the Upper Tribunal has held. The case is Kakarash (revocation of HP; respondent’s policy) [2021] UKUT 235 (IAC). Appeal against loss of humanitarian protection initially allowed Mr ...

23rd September 2021 By

Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms

The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese ...

22nd September 2021 By