Rule 320 case law
28 January 2010
2 Comments
The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down
The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down
I’m back and even have time on my hands to do some catching up, as a three day case just went very short on me.
This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v
UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell
The case of TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 is next on the carousel. As can be seen from the title, it
The luggage carousel of the UK courts has deposited a collection of interesting new cases. I’ll take them one at a time. Probably the most
Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the
The JCWI challenge to the increase to the spouse and partner visa age from 18 to 21 has been dismissed: Quila v Secretary of State
Permission has been granted in the case of R (on the app of Darboe) v SSHD [2009] EWHC 3100 (Admin) to challenge the inclusion of men
The Supreme Court has ruled in favour of claimants in two immigration cases today. In R (on the application of A) v London Borough of
I’ve just seen that judgment is now available on BAILII* in a recent successful challenge to UKBA’s refusal to grant permission to work to those
[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of
[UPDATE: see later post] News just in, more to follow tomorrow, if there’s anything to say. AM (Somalia) was heard and allowed today. I’m currently
Do not be fooled by the first judgment in AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 by Lady
In the recent case of MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 the tribunal looked at the refugee
There has been a spate of big cases in the last few days. I’ll deal first with what is probably the most legally significant, ZH
In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section
In another development that would be shocking were we not so used to it by now, it has emerged that the Home Office has a
Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR.
In the recent case of AK (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 941 the Court of Appeal held that
Permission to appeal to the Court of Appeal has been granted in at least three cases to look at the question of in what circumstances
An interesting judgment has been handed down today: NR (Jamaica) v SSHD [2009] EWCA Civ 856. It touches on a thorny issue on which I
Just a quick post on this to highlight an extremely useful case that’s been handed down today. I’ve been horribly busy so the blog has
There have been several important judgments from the Court of Appeal in the last few weeks. I’ve been very busy and having difficulty keeping up.
No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll
This is becoming something of a hot topic, no doubt because of the number of Sri Lankan and Zimbabwean fresh claims that have been made
There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to
There has been a rush of cases in recent weeks on the subject of the Refugee Convention exclusion clauses. The exclusion clauses basically exclude some
I recently wrote a post on fresh claims for asylum explaining what they are and summarising the criteria. New on this subject this week is
Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of
In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and
Just a quick post to highlight the fact that charges are no longer made by the Home Office for Certificate of Approval applications. The other
The Home Office do like to shift the goal posts. Sometimes this is because they lost another legal case and want to get around it,
The Government’s disregard for the rule of law grows more and more alarming. I confine myself on this blog to immigration and asylum law, perhaps
There have been a number of recent determinations and judgments, not all of which quite justify a post all of their own, so I thought
I posted on this relatively recently but another important judgment has just come out: ZH (Bangladesh) v SSHD [2009] EWCA Civ 8. The case is yet
It was already clear but now it could not be clearer: you do not have to show that there are ‘insurmountable obstacles’ to your family
News just in: the Home Office’s secret policy of a presumption of detention in almost all deportation cases was this afternoon declared unlawful [judgment now
An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right
The Home Office is apparently not going to appeal the recent Zimbabwean test case, RN (Returnees) Zimbabwe CG [2008] UKAIT 00083.* This strongly suggests that status
The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down ages ago, in April 2009. The case is MA (Nigeria) v Secretary of State for the Home Department [2009] EWCA Civ 1229. Lord Justice Ward...
This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowed the appeal of a woman with HIV/AIDS (albeit...
UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell half the story. In essence, the 72 hour notice period for removals is to be waived in a wide range of cases and no-notice removals...
The luggage carousel of the UK courts has deposited a collection of interesting new cases. I’ll take them one at a time. Probably the most important of these is KH (Afghanistan) v SSHD [2009] EWCA Civ 1354, a long-awaited decision from the Court of Appeal on medical treatment, Article 3...
Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the tribunal in AP and FP (Citizens Directive Article 3(2); discretion; dependence) India [2007] UKAIT 00048 and has found that in European Community free movement law,...
The JCWI challenge to the increase to the spouse and partner visa age from 18 to 21 has been dismissed: Quila v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009). For previous coverage of this issue on Free Movement, click here. There will certainly...
Permission has been granted in the case of R (on the app of Darboe) v SSHD [2009] EWHC 3100 (Admin) to challenge the inclusion of men in Gambia on the s.94 ‘White List’ of countries for which it is presumed any asylum claims are clearly unfounded and therefore only attract...
The Supreme Court has ruled in favour of claimants in two immigration cases today. In R (on the application of A) v London Borough of Croydon their Lordships have ruled that it is for the courts to decide age assessment issues. The courts should not simply defer to local authorities,...
I’ve just seen that judgment is now available on BAILII* in a recent successful challenge to UKBA’s refusal to grant permission to work to those who are entitled to it following the Court of Appeal judgment in ZO (Somalia). More about the issue in previous posts starting here. It is...
[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of 36 Bedford Row, one of the juniors in the case, for a more authoritative explanation of the 3rd party Supreme Court case, which I reproduce...
[UPDATE: see later post] News just in, more to follow tomorrow, if there’s anything to say. AM (Somalia) was heard and allowed today. I’m currently at the Hammersmith and Fulham Community Law Centre AGM so not much chance to deal with this properly right now. Word is that the Supreme...
Do not be fooled by the first judgment in AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 by Lady Justice Arden. She holds that the appeal should be dismissed, but is out-voted by the rest of the bench, Lord Justice Moore-Bick and Lord Justice...
In the recent case of MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 the tribunal looked at the refugee family reunion rules and came to the slightly surprising conclusion that not all refugees have the same rights. A recognised refugee who arrived in the...
There has been a spate of big cases in the last few days. I’ll deal first with what is probably the most legally significant, ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060. In ZH the Court of Appeal have confirmed for anyone that did...
In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section 40 notice on a witness in the case, thereby depriving him of his British citizenship. There is a right of appeal to the tribunal against...
Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR. Before 2005, they were granted settlement straight away, on the grounds that this policy promoted integration. One of the consequences of this change is that...
In the recent case of AK (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 941 the Court of Appeal held that an immigration judge had committed an error of law in failing to adjourn a hearing when the appellant had been ditched by his legal representative...
Permission to appeal to the Court of Appeal has been granted in at least three cases to look at the question of in what circumstances a person with HIV/AIDS might succeed in establishing a right to remain in the UK on the basis that their removal to another country would...
An interesting judgment has been handed down today: NR (Jamaica) v SSHD [2009] EWCA Civ 856. It touches on a thorny issue on which I have to say some immigration judges have not exactly covered themselves with glory. Sadly, the Court of Appeal fails to name the responsible senior immigration...
Just a quick post on this to highlight an extremely useful case that’s been handed down today. I’ve been horribly busy so the blog has been suffering a bit, I’m afraid. The case is ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834. It provides...
No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll just paste in the headnote, which speaks for itself: i. The new-style Immigration Rules governing Tier 1 (Post Study Work) contain a Maintenance (Funds) requirement...
This is becoming something of a hot topic, no doubt because of the number of Sri Lankan and Zimbabwean fresh claims that have been made recently because of changed circumstances in those two countries. The Court of Appeal has just issued a judgment on the interpretation of paragraph 353 of...
There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to work for those who have made fresh asylum claims and have not received a decision within one year of their application. This may well be...
There has been a rush of cases in recent weeks on the subject of the Refugee Convention exclusion clauses. The exclusion clauses basically exclude some people from refugee status. In reality, human rights law has evolved to prevent removal if there is a well founded fear in such cases, but...
Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of decision, not the date of the application. There is no presumption against retrospectivity. The Law Lords do not repeat Buxton LJ’s analysis of the nature...
In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and YY (Paragraph 352D – British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 was overturned by the Court of Appeal in DL (DRC) v...
Just a quick post to highlight the fact that charges are no longer made by the Home Office for Certificate of Approval applications. The other old requirements to get Certificates of Approval still apply and are covered in an old post on this blog. This is relatively old news as...
The Home Office do like to shift the goal posts. Sometimes this is because they lost another legal case and want to get around it, sometimes it appears to be for no reason at all and sometimes, just sometimes, it seems to be for clearly explained and understandable policy reasons....
The Government’s disregard for the rule of law grows more and more alarming. I confine myself on this blog to immigration and asylum law, perhaps the most blatant area of disregard for the rule of law, but other examples abound in the news at the moment. The latest example in...
I posted on this relatively recently but another important judgment has just come out: ZH (Bangladesh) v SSHD [2009] EWCA Civ 8. The case is yet another good one from Lord Justice Sedley. The Court of Appeal find that the whole purpose of the 14 year rule (by which illegal...
It was already clear but now it could not be clearer: you do not have to show that there are ‘insurmountable obstacles’ to your family joining you abroad in order to succeed in an Article 8 family life case. The new judgment in VW (Uganda) is crystal clear and very...
News just in: the Home Office’s secret policy of a presumption of detention in almost all deportation cases was this afternoon declared unlawful [judgment now available]. The current version of the Enforcement Instructions and Guidance, which incorporates the policy, was also declared unlawful. Mr Justice Davis holds that the policy...
An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right to work for those caught in the Legacy backlog. It is called Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin)....
The Home Office is apparently not going to appeal the recent Zimbabwean test case, RN (Returnees) Zimbabwe CG [2008] UKAIT 00083.* This strongly suggests that status will be granted to Zimbabwean asylum seekers who qualify and who receive decisions from now onwards. Appeals that are allowed on the basis of...