All Articles: Cases

Did the Home Office inadvertently strengthen the rights of Zambrano carers in 2018?

In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from ...

22nd September 2021 By

The best interests of children in Northern Irish immigration appeals

The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its dut ...

21st September 2021 By

Immigration application made during visa expiry grace period is not “in time”

When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration ...

15th September 2021 By

Court of Appeal confirms that 3C leave can be revived

When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s v ...

31st August 2021 By

High Court backs law firm in dispute over £194,000 asylum bill

A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is Farrer & Co LLP v Yertayeva [2021] EWHC B16 (Costs). Ms Yertayeva is a Kazakhstani busines ...

23rd August 2021 By

Deported murderer loses anonymity

Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful hu ...

18th August 2021 By

The AM (Zimbabwe) test now applies to destitution too

The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the Upper Tribunal has found that the “modified” (for which, read “lowered”) test fo ...

16th August 2021 By

Court of Appeal lays down hyper-strict approach to EU asylum claims

ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considere ...

11th August 2021 By

Deportation of father not “unduly harsh” on child in loving home

A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the ...

10th August 2021 By

Upper Tribunal forced to U-turn on “new matters” appeal loophole

In Hydar (s 120 response; s 85 “new matter”: Birch) [2021] UKUT 176 (IAC), the Upper Tribunal has done an unwilling U-turn on the earlier case of Birch (precariousness and mistake; new matters) [2020] UKUT 86 (IAC). Raising “new matters” in a ...

9th August 2021 By

Passports can be issued to British children abroad without abusive father’s consent

In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous ...

5th August 2021 By

Systems failure denied immigration detainee his HIV meds, judge finds

The Home Office has been found in breach of its legal duty to protect HIV patients in its custody after officials left a Congolese man without his daily medication for several days. In what Mr Justice Bourne described as an “unedifying” sp ...

2nd August 2021 By

Supreme Court upholds Home Office age assessment policy

The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Depar ...

2nd August 2021 By

Visit visas can count towards ten years’ long residence

When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended ...

21st July 2021 By

Home Office can revoke settlement over historical deception

In another reminder that leave obtained by deception can be revoked, we have the Upper Tribunal decision in R (Matusha) v Secretary of State for the Home Department (revocation of ILR policy) [2021] UKUT 175 (IAC). The case confirms that there “ ...

19th July 2021 By

Supreme Court dismisses deportation appeal of man living in UK since he was 9

In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian citizen who arrived in the United Kingdom aged nine in 2005. He had committed several knifepoint robber ...

16th July 2021 By

Denying benefits to EU pre-settled status holders justified if no fundamental rights breached

The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Departme ...

16th July 2021 By

Upper Tribunal can accept late acknowledgment of service in judicial review cases

The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in R (KA) v Secretary of State for the Home Department [2021] ...

14th July 2021 By

Double win for refugees seeking backdated benefits

The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s ...

7th July 2021 By

Parts of Home Office policy on Dublin III family reunion declared unlawful

Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v ...

5th July 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By

Protections for EU citizens served with notice of deportation

When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and i ...

29th June 2021 By

Immigration tribunal can reject expert evidence

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required t ...

29th June 2021 By

Non-Europeans can be detained for longer, EU Court of Justice decides

An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. L ...

25th June 2021 By

High Court strikes down pandemic protections for refused asylum seekers

The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision in R (Secretary of State for the Home Department) v First-tier Tribunal (Social Entitle ...

24th June 2021 By

Upper Tribunal rebuked for failing to understand its job (again)

The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first ide ...

24th June 2021 By

“Open-ended” overstayers can’t rely on ten-year lawful residence rule

This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for the Home Department (long residence policy – interpretation) [2021] UKUT 146 (IAC). Background: over ...

23rd June 2021 By

Getting permission to remain in the UK as an adult dependent relative: not likely

Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the ...

16th June 2021 By

Can you get compensation if an immigration officer acts unlawfully?

This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued lett ...

9th June 2021 By

Rehabilitative work in the community no barrier to deportation

In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, conclu ...

9th June 2021 By

Game-changer for Sri Lankan Tamil activists seeking asylum in the UK

The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur ...

7th June 2021 By

High Court condemns treatment of asylum seekers unlawfully held at Napier barracks

The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile conditions at Napier barracks, Mr Justice Linden found that the site did not meet minimum legal standards ...

3rd June 2021 By

Murderer’s bid to be deported foiled by extradition request

A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home De ...

3rd June 2021 By