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.
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
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
The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority
Permission has been granted in a judicial review case where an Albanian man claiming asylum had his claim certified on the basis that he was
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British
It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home
The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy.
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless
In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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 &...
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...
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...
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...
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...
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...
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]...
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...
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...
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...
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...
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...
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...
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...
The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings in the First-tier Tribunal due to late disclosure by the Home Office. The case is Kanhirakandan v The Secretary of State for the Home Department...
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
Permission has been granted in a judicial review case where an Albanian man claiming asylum had his claim certified on the basis that he was from a ‘safe country’, meaning that he was not allowed to appeal. There was also an unlawful detention claim. The case is R (H) v...
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal’s consideration of the case. This case...
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The case is R (NS) v Secretary of State for the...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a new contract with VFS Global. The case is Teleperformance Contact Ltd v Secretary of State for the Home Department [2023]...
The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the offence of arriving (or attempting to arrive) in the UK without entry clearance, contrary to section 24(D1) of the Immigration Act 1971. The offence was...
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave as a student dependant. The case...
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the Home Department [2023] EWHC 2037 (Admin). The compensation scheme...
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v Kent County Council and another [2023] EWHC 1953 (Admin), looks at what happens when local authorities don’t comply with their...
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied for an EEA residence card or family permit as their durable partner. That remains the case even if you would...
In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed to meet even her minimalist legal obligations to provide support to destitute asylum seekers. The details of the case make shocking reading, even for those...
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home Department [2023] EWHC 1828 (Admin), a case addressing...
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A decision to the contrary would have come as something of a surprise as it was surely...
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used to describe the circumstances where an individual has suffered as a result of the wrongful operation (or non-operation) by the...
