The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he
The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of
The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered
The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial
Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point
The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the
The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has
In a deeply unsurprising turn of events (see posts passim), the Court of Appeal has overturned a favourable deportation decision in Secretary of State for
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from
R (Connell) v Secretary of State for the Home Department [2018] EWCA Civ 1329 is about whether the Home Secretary has a duty, imposed by
In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a
Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the
The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier
When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This
Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili
Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC
The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis)
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on
In Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 the Court of Appeal found that a First-tier Tribunal decision to allow
The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department
Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements
The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but
Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in
Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary
In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was
In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether
In the very recent case of Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA...
The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of Brexit, if there is no deal, or at the...
The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. EU citizens who...
The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free Movement has covered cases like this multiples times in recent...
Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that he would be detained...
The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the government no doubt prefers) would be unlawful, because of how they would be treated on return to their country of origin. Perhaps the most notorious...
The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) and Others v Secretary of...
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges are precarious. In the absence of good reason to the contrary, rights should be secure. This emphatic opening line comes...
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportation law, available to Free Movement members....
In a deeply unsurprising turn of events (see posts passim), the Court of Appeal has overturned a favourable deportation decision in Secretary of State for the Home Department v MR (Pakistan) [2018] EWCA Civ 1598. MR, a citizen of Pakistan, entered the UK in October 2002 as a student and...
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infamous “deport first, appeal later” policy. The QR judgment itself doesn’t give...
R (Connell) v Secretary of State for the Home Department [2018] EWCA Civ 1329 is about whether the Home Secretary has a duty, imposed by Parliament, to deport foreign criminals even if they are EEA nationals. The Court of Appeal ruled that the legislation on automatic deportation includes an exception...
Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 in which the court upheld a decision to deport a foreign criminal. In Secretary of State for the Home...
The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. Its discussion of the concept, while interesting enough, makes no real changes to the law as set down previously by...
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual background DW has a number of serious criminal...
Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the Court of Justice of the European Union has today handed down its final judgment. The case revolved around the interpretation of article 28(3)(a) of Directive 2004/38/EC:...
In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions and mental ill-health Sherif El Gazzaz, an Egyptian national,...
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the court found that a Nigerian national convicted of drug-related crimes could not prevent deportation by relying on his...
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court’s judgment in AM (Zimbabwe) & Anor v Secretary of State for the Home Department [2018] EWCA...
Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector suggests. The Independent Chief Inspector of Borders and Immigration, David Bolt, found that the Home Office unit that investigates migrants with criminal records is routinely...
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the “deport first, appeal later” regime which operated under...
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie Griffiths of the University of Bristol. This week, the University of Bristol published three policy briefings arising from new research...
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum as a dependant of his mother in 2003. The court considers...
The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial review challenge by three EEA nationals to their removal under...
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out in the EEA Regulations when making decisions....
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on the basis that he would face a real risk of living in circumstances falling below the Article 3 threshold if deported. In doing...
In Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 the Court of Appeal found that a First-tier Tribunal decision to allow a Jamaican man’s deportation appeal under Article 8 contained a material error of law and set it aside. In criminal deportation appeals, the...
The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following imprisonment for rape. UK residence and criminal conviction...
Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the court found legal. Mr Taskiran was brought to the United...
The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector of Borders and Immigration has said. David Bolt’s inspection of the Home Office’s management of non-detained foreign national offenders reports...
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri back under the Dublin III Regulation, which ‘take back request’...
Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in the UK since the age of two, sought to block his deportation by recourse to foreign judges. The European Court of Human Rights disappointed...
Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero. The issue in these cases concerns the entitlement of European citizens to...
In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of Melilla breached their rights under Article 4 of Protocol 4 ECHR (prohibition of collective expulsions of aliens) and Article 13...
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. Exclusion order and return Article 27 of Directive...
In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental...
In the very recent case of Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to EU law deportations. The official headnote instructs us: (i) The burden of proving that a person represents a genuine, present and sufficiently threat affecting one...
