Home Office policy on no recourse to public funds found unlawful, again
27 June 2022
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The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica)
The High Court has provided a glimmer of hope for some Afghan citizens seeking urgent relocation to the UK through applications for leave outside the
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano
If your asylum or immigration application is refused by the Home Office, and you have a right of appeal, your appeal will be heard in
When the Home Office withdraws a decision to deprive someone of their British citizenship, does the person get their citizenship back (prospective) or was it
Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17.
This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC).
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those
In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical
This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home
Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in
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
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
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
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,
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
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
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges
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
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
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who
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
In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by
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)
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
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
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
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
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
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
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
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
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 High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of children, or of a previous judgment along similar lines. The case is R (AB & ors) v Secretary of State...
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15. The judgment covers the application of the concept of internal relocation to risk of...
The High Court has provided a glimmer of hope for some Afghan citizens seeking urgent relocation to the UK through applications for leave outside the Immigration Rules. The case is R (S & Anor) v Secretary of State for the Home Department & Ors [2022] EWHC 1402 (Admin). The claimants...
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secretary of State for the Home Department [2022]...
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...
When the Home Office withdraws a decision to deprive someone of their British citizenship, does the person get their citizenship back (prospective) or was it never lost in the first place (retroactive)? This was the deceptively simple question that the High Court grappled with in E3 & Ors v Secretary...
Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European Court of Human Rights decision in Paposhvili v Belgium (application no. 41738/10) and thereby materially lowered the threshold for resisting...
This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC). The exception is where human rights are involved (more on that later). Although the case concerned a refusal under the old paragraph 320(7A), the findings...
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The case provides guidance on whether someone sent back to...
In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the question of when Palestinian refugees are entitled to refugee status under EU law. This is the fourth major judgment on this issue we have seen...
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with mental health difficulties would violate Article 3 of the European Convention on Human Rights. Article 3 prohibits inhumane and degrading treatment. Where a person’s mental...
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well established. Specific guidance for experts providing reports for cases in...
This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational Testing Service (“ETS”). The BBC Panorama programme broadcast on 10 February 2014 exposed widespread...
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492,...
Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim of a recognised Afghan refugee, detained for 98 days under the Detained Fast Track process in 2015. Larry has previously covered the County Court decision, which...
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in the courts is likely to be very difficult. This is what we learn from the Court of Appeal’s decision in R (Amin) v Secretary of...
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)....
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...
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...
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...
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...
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...
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...
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. The facts The...
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. Background: non-working EU citizens needed health insurance Some rights to reside under EU law always seemed little more than...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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:...
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...
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...
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...
