High Court dismisses concerns about legal aid in detention centres
18 January 2022
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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
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
In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed
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”
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)
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
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
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
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
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,
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,
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
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
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
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were
The High Court in R (OK) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 has rejected another challenge to the operation of
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status.
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of
In R (Babbage) v Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the High Court found that a person with an extensive
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case
Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA
The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ
The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week,
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8
In the case of JM v Secretary of State for the Home Department [2021] EWHC 2514, the High Court has held that the government failed
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home
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”....
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were discovered to have arrived in the UK concealed in a vehicle; still more will have made it in without being discovered. Small boat arrivals (practically...
The High Court in R (OK) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 has rejected another challenge to the operation of the NHS charging regulations. This claim for judicial review was brought by OK, a Nigerian man living in England since 1990 but without immigration status...
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal has decided. The case is Akinyemi v Secretary of State for the Home Department (unreported, DA/00574/2014). Remi Akinyemi was born in the UK in 1983....
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to the public good” due to their conduct, character and associations. The Court of Appeal considered this provision in Hussain & Anor v Secretary of State...
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly harsh : Pakistan) [2020] UKUT 83 (IAC). Our unimpressed write-up of the...
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pensions [2021] UKSC 53. Pre-settled status allows EU citizens living...
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead to refugees being removed from the UK. Background...
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applications under Part 14 of the Immigration Rules. In particular, it considered whether...
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in breach of a deportation order (twice). Rather than seeking to enforce the deportation order,...
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is the Supreme Court decision in...
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly politicised area of law. Unfairness takes many forms. It...
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last year, in HA (Iraq) v Secretary of...
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance (such as a witness order) is required in...
In R (Babbage) v Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the High Court found that a person with an extensive offending and adverse immigration history who posed high risks of re-offending and absconding was unlawfully detained because of the poor prospects of enforcing his removal...
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The main take away from this case is: don’t appeal...
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal involved a 52-year-old man, SM, who had been convicted of child...
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upper Tribunal in R (Akber) v Secretary of State for the...
Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 (IAC). NM suffers from end-stage chronic kidney disease and needs dialysis to stay alive....
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK...
The Supreme Court has this morning handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional importance”. That question was whether the government (or anyone...
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats. Challenge to five-year delay pending fraud investigation The case concerned a family who...
The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week, is a massive result for trafficking victims. The High Court has concluded that a trafficking victim who is also an asylum seeker must be granted...
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an unaccompanied minor from Syria who...
In the case of JM v Secretary of State for the Home Department [2021] EWHC 2514, the High Court has held that the government failed to cater for asylum seekers’ essential living needs during the pandemic. The court found that JM, who was housed in a hotel during the COVID...
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue failed to comply with the statutory duty to...