All Articles: Human rights

The latest modern slavery statistics have been published and show that the ‘immigration enforcement competent authority’ had made its lowest percentage of positive conclusive grounds decisions confirming that a person is recognised as a victim of trafficking since it was set up, with a recognition rate of 20.68% for the...

16th May 2024
BY Sonia Lenegan

The immigration rules allow some people to apply to remain in the UK on the basis of long residence. Those who had periods of overstaying can apply for limited leave to remain following 20 years’ continuous residence. We have a separate briefing on applying for indefinite leave to remain for...

10th May 2024
BY Alex Piletska

Appendix Long Residence of the immigration rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. It is also possible to apply for limited leave to remain in this route. But there are complications and qualifications. Page contentsWhat...

9th May 2024
BY Alex Piletska

On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that amounts to an imminent risk of inhuman or degrading treatment.  The Court of Appeal judgment recognised the existence of a...

8th May 2024
BY Nakita Hedges

In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living in the United Kingdom for twenty six years with no immigration status was not entitled to status on human rights...

24th April 2024
BY Colin Yeo

The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not be permitted to return to the UK based on his right to a private life. The refugee in question had lost his travel document while...

19th April 2024
BY Sonia Lenegan

On 10 April 2024 the Home Office introduced a fee waiver process for those applying to extend their leave in Appendix Hong Kong BN(O) however the new process introduces barriers that do not exist for other routes and will be insurmountable for some applicants, through no fault of their own....

11th April 2024
BY Sonia Lenegan

This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...

3rd April 2024
BY Caz Hattam

The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or offending must be particularly serious in nature. The offending or behaviour must be serious in nature because denying refugee status to a person and sending...

2nd February 2024
BY Colin Yeo

The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears to have been resolved in the Home Secretary’s favour. In R (TMX) v London Borough of Croydon & Anor [2024]...

2nd February 2024
BY Sonia Lenegan

A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a temporary resident who leaves for a short time, for example on holiday or...

10th January 2024
BY Colin Yeo

The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used to describe the circumstances where an individual has suffered as a result of the wrongful operation (or non-operation) by the...

25th July 2023
BY Jennifer Lanigan

In its 2023 World Report, Human Rights Watch found that the recent immigration and asylum policies introduced by the UK government breach domestic human rights obligations and undermine international human rights standards. The report focuses on the Rwanda agreement and the Nationality and Border Act. But it does not forget...

2nd February 2023
BY Francesca Sella

Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there is continually mounting evidence of “pushbacks” to which Frontex, the European Border and Coast Guard Agency, have been shown to be turning a blind eye....

30th November 2022
BY Gemma Bird

Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in 2020/21 were allowed on human rights grounds only. The one-off statistical release follows from the consultation on Dominic Raab’s proposed Bill of Rights Act, which...

21st November 2022
BY Colin Yeo

The Grand Chamber of the European Court of Human Rights has held that France breached Article 3.2 of Protocol 4 due to the lack of explanation for and independent scrutiny of decisions not to repatriate two French nationals living in camps controlled in north east Syria. The case is HF...

16th September 2022
BY Jed Pennington

In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...

25th August 2022
BY Iain Halliday

The current/outgoing government on 22 June 2022 introduced to Parliament the Bill of Rights Bill. For those (like me) who have been struggling to keep up with the news of late, the legislation will, if it becomes law, scrap and entirely replace the Human Rights Act. The Bill of Rights...

1st August 2022
BY Colin Yeo

The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned in the process. The case is Safi and Others v Greece (application no. 5418/15). The human rights breaches didn’t stop...

13th July 2022
BY Colin Yeo

Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need to pay an Immigration Health Surcharge (£624 a year for adults and £470 for children). On average, therefore, migrants will...

12th July 2022
BY nathgbikpi

The Home Office has published guidance on when officials should vary an application for indefinite leave to remain and instead grant an extension of permission to stay (i.e. limited leave to remain). The stated rationale is to ensure that people who apply for settlement and don’t qualify, but who do...

6th July 2022
BY Bilaal Shabbir

The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families. The waiver application form is here. The...

30th June 2022
BY Sonia Lenegan

The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s....

28th June 2022
BY Alex Schymyck

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...

16th June 2022
BY Colin Yeo

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]...

14th June 2022
BY Iain Halliday

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...

19th May 2022
BY Miranda Butler

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...

12th April 2022
BY Jed Pennington

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

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

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

The government has published its proposals for changing the Human Rights Act 1998. Not all the consultation questions will be of professional interest to immigration lawyers — for instance, there are sections on free speech and trial by jury — but some are specifically aimed at making it easier to...

14th December 2021
BY CJ McKinney

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...

29th November 2021
BY Nath Gbikpi

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...

3rd November 2021
BY Alex Piletska

Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is a short summary; for more detail, see...

26th October 2021
BY CJ McKinney

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...

21st October 2021
BY Nath Gbikpi

From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make their own...

18th October 2021
BY colinyeo

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...

13th October 2021
BY Jed Pennington

In the absence of safe and legal routes to sanctuary countries in which they can rebuild their lives, refugees often resort to travel by unsafe means. The issue of rescuing refugees at sea has risen in global prominence, with an estimated 40,000 refugees and other migrants dying between 2014 and...

5th October 2021
BY Colin Yeo

Mark Henderson, Rowena Moffatt and Alison Pickup have produced an update of the seminal Best Practice Guide to Asylum and Human Rights Appeals and (bless them) made it available online through the Electronic Immigration Network. As a dumb medic, I cannot pretend to have any useful opinion about most of...

21st September 2021
BY Dr Frank Arnold

The Home Office is routinely missing its target for issuing new residence permits to people who lose their British citizenship, figures obtained under the Freedom of Information Act show. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in...

7th September 2021
BY CJ McKinney
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