More big cases
27 July 2010
3 Comments
I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must
I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must
The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in
The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been
I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse
HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The
Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight.
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went
I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter
UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier
[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like
Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five
No-notice removals have been suspended following a legal challenge brought by Medical Justice. The no-notice policy has been covered here previously and was the subject of a
Supreme Court press release here and judgment here. The reasoning is remarkably short: the Court simply disagrees with Laws LJ on the ordinary and natural
Quick alert courtesy of the Supreme Court website. Judgment in ZN (Afghanistan) is at last to be handed down tomorrow, and the Court is today
I’m up late this evening with plenty more work still do to, and like many bloggers (er, all of us, I suspect) will check my blog
UKBA got away with an appeal against a finding of misfeasance in public office in the new case of Muuse v Secretary of State for
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH
A sea change is needed on the detention of foreign nationals in the United Kingdom. Periods of detention have grown and grown in recent years.
There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of
Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention
BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right
The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal,
The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary
Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is
In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has
The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on
Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s
I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but
The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the
There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position.
I thought I’d highlight another case that came out before Christmas and which I didn’t have time to write up at the time. I’m sometimes
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
I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must suffice. Firstly, the Medical Justice challenge to no-notice removals has succeeded: R (on the application of Medical Justice) v Secretary of State for the Home...
The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum of level of English language qualification required by foreign...
I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse to mention that now because the Court of Appeal has considered and rejected an appeal against findings by Immigration Judge Woodcraft in a domestic violence...
HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic one. Essentially, the question of whether future...
Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve actually read more or less everything now (iPad + public transport to far flung courts = well-read but pretentious...
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘practising homosexuals’. A bit like the apocryphal ‘popular beat...
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719....
I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter account. The Times reported a case called Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 in which the Court of Appeal held...
UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier 4 students. The challenge is being brought by English UK, a national association of over 400 English language centres. The hearing is listed for 29-30...
[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like a masterclass in the morning from Michael Fordham QC, who led the assault on the vires of the entire PBS scheme, which is enacted through...
Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five years of residence under previous Directives does impart a right of permanent residence under the Citizens Directive (Directive 2004/38/EC). See paragraphs 81 to 93 and...
No-notice removals have been suspended following a legal challenge brought by Medical Justice. The no-notice policy has been covered here previously and was the subject of a damning judgment by Mr Justice Collins when two children were taken from foster care by UKBA without warning for same day removal. The...
Quick alert courtesy of the Supreme Court website. Judgment in ZN (Afghanistan) is at last to be handed down tomorrow, and the Court is today starting a three day hearing of appeals against HJ (Iran) and HT (Cameroon) [2009] EWCA Civ 172, on the issue of homosexuality and refugee status....
UKBA got away with an appeal against a finding of misfeasance in public office in the new case of Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453, but lost on the award of exemplary damages. In the course of judgment Lord Justice Thomas held that...
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the subject of a major...
A sea change is needed on the detention of foreign nationals in the United Kingdom. Periods of detention have grown and grown in recent years. The Home Office never ask ‘should we detain this person’, they merely ask ‘can we detain this person.’ In a civilised country, the ultimate sanction...
There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now withdrawn seven year children policy,...
Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention it. Permission was granted by the Court of Appeal in MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 on...
BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right of appeal to the tribunal can only ever exist where an ‘immigration decision’ is made, as exhaustively and (almost*) exclusively defined at section 82...
The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal, though. No news on what will happen to other cases stayed behind Saaedi but they’ll probably stay stayed. Read about the third country removals litigation...
The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner concluded that current asylum law and practice in Greece are not in compliance with international and European human rights standards, expressing at the same...
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than in respect of too tightly defining liability...
Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is called R (on the application of T) v Secretary of State for the Home Department [2010] EWHC 435 (Admin). As expected, the judgment is scathing....
In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short gaps in their lawful residence and had...
The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on the application of YH) v Secretary of State for the Home Department [2010] EWCA Civ 116 and it effectively supersedes WM (DRC) and interprets the...
Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s Third Country Unit (TCU) in detaining and removing children to supposedly safe third countries such as Greece and Italy. The case was heard yesterday and...
I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but it is worth highlighting. The case is SA (Pakistan) v SSHD [2009] EWCA Civ 1510 and concerns the mandatory refusal grounds set out at Immigration...
The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the day it was heard. Judgment is to follow. The case turns on the question of whether a recognised refugee who has now been granted...
There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position. The Dublin II Regulation (not its official title) enables EU states to return an asylum seeker to the country through which the asylum seeker first...
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,...