All Articles: Cases

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...

28th February 2024
BY Eva Maria Doerr

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]...

26th February 2024
BY Sonia Lenegan

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...

23rd February 2024
BY Sonia Lenegan

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...

21st February 2024
BY Sonia Lenegan

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...

16th February 2024
BY Sonia Lenegan

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...

14th February 2024
BY Bilaal Shabbir

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...

13th February 2024
BY Francesca Sella

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...

12th February 2024
BY Nick Nason

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...

8th February 2024
BY Sonia Lenegan

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 in relation to an EEA national serious sex offender who had been in the UK for 15 years at the time of the Home Office...

8th February 2024
BY Nick Nason

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...

6th February 2024
BY Keelin McCarthy

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)...

5th February 2024
BY Sonia Lenegan

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]...

2nd February 2024
BY Sonia Lenegan

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...

1st February 2024
BY Sonia Lenegan

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,...

31st January 2024
BY Sonia Lenegan

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...

30th January 2024
BY Bilaal Shabbir

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...

29th January 2024
BY Jack Freeland

The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail. There are two written decisions, these are IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130...

26th January 2024
BY Francesca Sella

The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as belonging to a ‘particular social group’ and qualify for refugee status. This is as a result of a preliminary reference made to the Court by...

26th January 2024
BY Jasmine Quiller-Doust

The Home Secretary has been unlawfully operating a secret policy preventing victims of trafficking from being granted the leave that they were entitled to while their asylum claim was pending. The case is XY v Secretary of State for the Home Department [2024] EWHC 81 (Admin). This article is a...

24th January 2024
BY Sonia Lenegan

The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...

9th January 2024
BY Jack Freeland

In Oluponle v Home Office [2023] EWHC 3188 (KB), the claimant was awarded £20,000 for 60 days’ false imprisonment. Several helpful comments were made on various Home Office failings during the detention process. Background The claimant was a Nigerian national who had been caught trying to fly to Ireland using...

4th January 2024
BY Alex Schymyck

The Upper Tribunal has held that it is lawful for the Home Secretary to deprive a person of their British citizenship without notice, in this case because of a concern that the second nationality would be renounced. Renunciation would have meant that deprivation of British citizenship would be at risk...

22nd December 2023
BY Sonia Lenegan

The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...

22nd December 2023
BY Iain Halliday

In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount to a human rights claim. This is yet another case where people trying to access their rights under the EU...

21st December 2023
BY Sonia Lenegan

The High Court has issued a damning interim relief decision with a laundry list of Home Office failures in a case challenging the detention of a potential victim of trafficking with mental health issues and several criminal convictions. The case is R (ER) v Secretary of State for the Home...

21st December 2023
BY Sonia Lenegan

The two district councils and local resident who brought a judicial review challenging the use of decommissioned Ministry of Defence sites at Wethersfield and Scampton to accommodate men seeking asylum have been unsuccessful in the High Court. The case is R (Clarke-Holland) v Secretary State for the Home Department &...

20th December 2023
BY Sonia Lenegan

The Home Office has conceded a judicial review and accepted that the ‘Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention‘ was not operating effectively or as intended in ‘certain cases’, particularly in cases where there are concerns about a detained individual’s ability to make immigration related decisions. The concession...

19th December 2023
BY Jamie Bell

The Home Secretary has conceded the claims of two former immigration detainees relating to a power outage at Harmondsworth immigration removal centre (IRC), a detention centre next to Heathrow airport. The Home Secretary not only paid both claimants substantial amounts in damages for unlawfully detaining them, but also declared that...

11th December 2023
BY Dominic Chambers

An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is regularly encountered, but the use of which is shrouded in mystery”. As a result, he did not meet the requirements...

8th December 2023
BY Sonia Lenegan

The Court of Appeal has emphasised that consideration of whether there are very significant obstacles to a person’s reintegration is a practical test which must take into account objective evidence. The case is NC v Secretary of State for the Home Department [2023] EWCA Civ 1379. Background The appellant is...

6th December 2023
BY Sonia Lenegan

This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home Department [2023] UKSC 46. Immigration lawyers have followed the long series in this line of cases the way we followed Game of Thrones: they both...

5th December 2023
BY Alex Piletska

The Court of Appeal has dismissed a claim for damages against the Home Secretary for a five month delay in granting refugee status, following a successful appeal, to a person with severe mental health issues. The case is FXJ v Secretary of State for the Home Department & Anor [2023]...

30th November 2023
BY Sonia Lenegan

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 administrative review and in the subsequent judicial review. The case is R (Ozmen) v Secretary of State for the Home...

29th November 2023
BY Sonia Lenegan

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 substantive judicial review challenge is to the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 which exempts asylum accommodation...

23rd November 2023
BY Sonia Lenegan

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 is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a...

22nd November 2023
BY Sonia Lenegan

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 person’s parent. The case is Indran Murugason, R (on the application of) v Secretary of State for the Home Department...

21st November 2023
BY Sonia Lenegan

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 in relation to the appellant’s husband’s nationality. The case is Gurdeep Kaur v Secretary of State for the Home Department...

20th November 2023
BY Sonia Lenegan

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 a risk of violence because of his relationship with his girlfriend. The case is ASO (Iraq) v Secretary of State...

17th November 2023
BY Sonia Lenegan

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 of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s...

15th November 2023
BY Colin Yeo

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