All Articles: Cases

The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin)....

5th April 2022
BY CJ McKinney

The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by...

31st March 2022
BY Julian Norman

The High Court in COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) has taken the Crown Prosecution Service to task for its decision not to charge the alleged traffickers of a victim of modern slavery. The claimant, a national of the Philippines and a domestic worker, was confirmed...

30th March 2022
BY Larry Lock

The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC...

29th March 2022
BY Jed Pennington

Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...

22nd March 2022
BY Iain Halliday

Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & Another v Secretary of State for the Home...

22nd March 2022
BY Deborah Revill

In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofar as the policy purports to comply with ECAT. It went...

18th March 2022
BY Gabriel Tan

In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum support was not unlawfully discriminatory. Page contentsThe factsThe...

17th March 2022
BY Gabriel Tan

Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Page contentsBackground: non-working EU citizens needed health insuranceWhy did it take so long to decide that the NHS counts...

15th March 2022
BY Charlotte O'Brien

Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the UK. Their claims were certified, meaning...

14th March 2022
BY Iain Halliday

A mother of three British children has lost her appeal against the decision of Amber Rudd to take away her British citizenship in 2017. The judgment of the Special Immigration Appeals Commission (SIAC) makes for very grim reading. The woman, anonymised as “U3”, was born in the UK with British...

10th March 2022
BY Fahad Ansari

In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by social workers as part of a short-form age assessment was “clearly unfair”. This was because of the combination of there having been no interpreter, no...

28th February 2022
BY Jed Pennington

The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur place activities: risk) Sri Lanka...

28th February 2022
BY Deborah Revill

In R (A and Others) v Secretary of State for the Home Department [2022] EWHC 360 (Admin), Mr Justice Fordham refused permission for a judicial review challenge to the consultation on the Home Office’s New Plan for Immigration. The judgment’s lengthy discussion of whether the issue was justiciable will be...

23rd February 2022
BY Jed Pennington

Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might nevertheless avoid any such risk by returning voluntarily to another part of that country, even where he does not wish...

18th February 2022
BY Nath Gbikpi

Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] EWCA Civ 145. In so finding, the court confirmed the reasoning...

17th February 2022
BY Deborah Revill

In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against Trafficking (ECAT) not being a part of UK domestic law is no reason to refuse to examine the lawfulness of a policy which purports to...

16th February 2022
BY Gabriel Tan

A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The same is true of a level 3 adviser registered with the Office of the Immigration Services Commissioner. Lawyers practising in England and Wales do not...

15th February 2022
BY Iain Halliday

I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees to financial support for children, the Court of Appeal in England and Wales has agreed with their colleagues in Scotland:...

10th February 2022
BY CJ McKinney

In R v AAD, AAH, and AAI [2022] EWCA Crim 106, handed down on Thursday 3 February 2022, the Court of Appeal (Criminal Division) has outlined avenues to appeal against criminal convictions for victims of trafficking who are confirmed as such after conviction. Immigration practitioners should be aware of these...

7th February 2022
BY Margo Munro Kerr and Sarah-Jane Ewart

The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general human rights situation in Iran continues to hold good, but the new decision makes additional findings on a narrow but important issue: “risk on return...

3rd February 2022
BY CJ McKinney

The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...

2nd February 2022
BY Colin Yeo

The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord Justice Baker and Lady Justice Whipple held that the regulation allowing notice of citizenship deprivation to be placed “on file” is ultra vires the British...

27th January 2022
BY CJ McKinney

The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...

26th January 2022
BY Bethan Lant

This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now returned to this topic in the recent decision of Saeed (Deception – knowledge – marriage of convenience) [2022] UKUT 18 (IAC). The facts Mr Saeed,...

26th January 2022
BY Priya Solanki

The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after submitting the application. The case is Walile (deprivation: self-incrimination: anonymity) [2022] UKUT 17 (IAC). Offence committed while citizenship application pending The facts in this case...

24th January 2022
BY Philippa Roffey

The High Court has thrown out a challenge arguing that the free legal advice given to migrants in detention centres is rubbish. Mr Justice Calver held that statistical evidence that many legal aid firms provide a poor service was unreliable and that “the system is, by and large, functioning well”....

18th January 2022
BY CJ McKinney

In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that Home Office guidance on refugee family reunion applications is unlawful because it fails to accurately describe the legal discretion in relation to providing biometric information....

17th January 2022
BY Jed Pennington

In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed substantially enough to allow a departure from previous country guidance. This is important because people applying for asylum based on Oromo Liberation Front (OLF) support/and...

17th January 2022
BY One Pump Court pupils

The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled” in the UK on the first day of the first academic year of their course. To be settled in immigration terms, you generally need to...

13th January 2022
BY Iain Halliday

The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB) v Secretary of State for the Home Department [2021] EWHC 3417, the court held that the department unlawfully reduced cash payments to an asylum...

12th January 2022
BY Larry Lock

The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transfers judicial reviews to the County Court once the public law...

10th January 2022
BY Alex Schymyck

Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before Brexit — specifically, retained rights of residence for “durable partners”. Mr Singh had a residence card on the basis of a durable relationship with his...

10th January 2022
BY Sarah Pinder

Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invalidity beyond biometrics Confirms that in most cases, invalidity (and...

23rd December 2021
BY Alex Piletska

The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. The heavy lifting was done in the earlier...

22nd December 2021
BY CJ McKinney

How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported? Since 2011, the restricted leave policy has sought to address that question. Restricted by name and restrictive by nature, the policy envisions short grants of leave, usually...

22nd December 2021
BY Amy Woolfson

In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member, hoping to stay in the UK with their EEA citizen sponsor, can do so when the sponsor only acquired that citizenship after the extended family...

21st December 2021
BY Iain Halliday

In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness of conducting hearings remotely. In this case, the court found that the remote hearing had not violated the applicant’s Article...

20th December 2021
BY Nath Gbikpi

Two victims of the Windrush scandal have won a High Court challenge arguing for citizenship law to be applied more leniently in special cases like theirs. Mr Justice Bourne held today that a seemingly inflexible provision of British nationality law requiring that people be physically in the UK exactly five...

16th December 2021
BY CJ McKinney

In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at the time of the High Court...

14th December 2021
BY Jed Pennington
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