All Articles: Cases

The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), says: […]

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22nd May 2023
BY Josie Laidman

The High Court has found that the Secretary of State for Defence had not given full and adequate reasons and had acted contrary to its policy when considering an application […]

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19th May 2023
BY Bilaal Shabbir

The appeal of C3 and C4, two British women who travelled to Syria to join the Islamic State in Iraq and the Levant who were subsequently detained in a camp […]

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11th May 2023
BY Josie Laidman

The High Court has dismissed a claim for judicial review of a paid settlement sum of £103,501.21 under the Windrush Compensation Scheme on the grounds of abuse of process as […]

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10th May 2023
BY Charlotte Rubin

The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from the intention of the policy […]

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5th May 2023
BY Josie Laidman

A recent appeal concerning third country national’s right to continue residing in the UK after divorce from an EU national and release from prison was dismissed by the Court of […]

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2nd May 2023
BY Josie Laidman

The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not open to partners of Points […]

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28th April 2023
BY Bilaal Shabbir

In a helpful judgment, the Upper Tribunal has awarded £10,500 to a child who was unlawfully prevented from entering the UK from Greece to be re-united with his cousin who […]

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25th April 2023
BY Alex Schymyck

An exploration of the different entitlements to family reunion for parents and siblings of refugee children and partners and children of adult refugees was recently heard in a judicial review […]

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20th April 2023
BY Josie Laidman

Despite strong public interest considerations in favour of respecting extradition agreements, the High Court has decided that a Polish national who came to the UK as a fugitive eight years […]

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13th April 2023
BY Charlotte Rubin

The European Court of Human Rights has given formal notification to the UK government of an application by an Iraqi asylum-seeker (anonymised as NSK) challenging his removal to Rwanda. They […]

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12th April 2023
BY Gabriel Tan

The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the courts in Upper Tribunal permission […]

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6th April 2023
BY Gabriel Tan

The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel […]

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4th April 2023
BY Alex Schymyck

The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with the UK General Data Protection […]

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30th March 2023
BY Josie Laidman

The High Court has rejected a challenge to the Home Office’s dysfunctional and chaotic accommodation system. The case is MQ, R (On the Application Of) v Secretary of State for […]

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27th March 2023
BY Taimour Lay

On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the […]

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14th March 2023
BY Ben Amunwa

The treatment of a person’s job in human rights claims has been ambiguous and inconsistent in previous High Court decisions, but the judgment in Kulumbegov v Home Office [2023] EWHC […]

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10th March 2023
BY Joseph Sinclair

This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning System (GPS) devices. You can […]

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10th March 2023
BY Jed Pennington

On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be prosecuted for arriving in the […]

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6th March 2023
BY Aneurin Brewer

Last week the immigration inspector published a 74-page stinging criticism of the Home Office’s approach to family reunion applications. After three previous inspections the Home Office’s performance had “deteriorated” and […]

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3rd March 2023
BY Rudy Schulkind

The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] […]

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1st March 2023
BY Josie Laidman

What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The […]

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22nd February 2023
BY Iain Halliday

The Upper Tribunal has watered down the effect of a recent decision of the Court of Appeal in the case of AEB v Secretary of State for the Home Department [2022] […]

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20th February 2023
BY Bilaal Shabbir

The Upper Tribunal has confirmed that a recognised victim of trafficking who is also an asylum seeker, partly fearing re-trafficking on return as well as political persecution, should have been […]

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16th February 2023
BY Irene Tsherit

In AB v Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin), the High Court found that the Home Office did not discriminate against Afghan nationals, […]

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14th February 2023
BY Francesca Sella

The High Court has determined that there are no damages available for people who were subject to the no recourse to public funds (NRPF) policy in the case of Home […]

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10th February 2023
BY Alex Schymyck

On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the UK without a valid entry […]

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7th February 2023
BY David Suber

Procedural fairness does not require the Secretary of State to take steps to corroborate a person’s account before cancelling their leave for breach of conditions. So held the High Court […]

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2nd February 2023
BY Deborah Revill

Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA […]

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24th January 2023
BY Iain Halliday

Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European […]

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23rd January 2023
BY Deborah Revill

A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The […]

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20th January 2023
BY Josie Laidman

The Upper Tribunal has addressed the Secretary of State’s failure to comply with court directions and due process obligations in the First-tier Tribunal. The court considered the consequences of disposing […]

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17th January 2023
BY Charlotte Rubin

Those following the law around the prosecution of arrival in small boats may be interested in the ruling from the preparatory hearing in R v Mohamed and others. The purpose […]

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10th January 2023
BY Josie Laidman

In a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the weekly support payments made to […]

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9th January 2023
BY Alex Schymyck

The case of Muslija (deprivation: reasonably foreseeable consequences) [2022] UKUT 337 (IAC) makes it clear that the reasonably foreseeable consequences of deprivation of British citizenship do not include predicting the […]

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6th January 2023
BY Iain Halliday

The Upper Tribunal has issued guidance on the use of material from an applicant’s social media accounts in age assessment proceedings in R (BG) v LB Hackney [2022] UKUT 00338 […]

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23rd December 2022
BY Gabriel Tan

In the clause “had that citizenship by his birth, adoption, naturalisation or registration in the United Kingdom”, does the requirement for it to be in the United Kingdom apply to […]

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20th December 2022
BY Alex Piletska

The Upper Tribunal has issued country guidance about the risk from gangs in El Salvador. In EMAP (Gang violence – Convention Reason) El Salvador CG [2022] UKUT 00335 (IAC), the […]

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20th December 2022
BY Alex Schymyck

The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful […]

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15th December 2022
BY Chris Benn

The High Court has provided a warning to practitioners about the importance of pursuing negotiations in false imprisonment claims. The case of Moradi v The Home Office [2022] EWHC 3125 […]

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9th December 2022
BY Alex Schymyck
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