All Articles: Human rights

What will be the impact of the Bill of Rights Bill on immigration cases?

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 Hu ...

1st August 2022 By

Greek pushback operation violated right to life of 11 people drowned

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. 54 ...

13th July 2022 By

In-country fee waivers: who qualifies and what does the Home Office guidance say?

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 ...

12th July 2022 By

Home Office offering extensions to people denied settlement

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 a ...

6th July 2022 By

Free family visas: the entry clearance fee waiver policy

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 app ...

30th June 2022 By

Challenge to “deport first, appeal later” process rejected

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. ...

28th June 2022 By

Supreme Court allows foreign criminal deportation case

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 co ...

16th June 2022 By

Foreign convictions in deportation appeals

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 Secr ...

14th June 2022 By

End of the AM (Zimbabwe) saga? Tribunal returns to Article 3 medical cases

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 (applica ...

19th May 2022 By

Afghan boy unlawfully removed from UK for 18 months can claim damages

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 ...

12th April 2022 By

No “historical injustice” in harsh but correct refusal of immigration application

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 & A ...

22nd March 2022 By

Human rights damages claims can be transferred from Upper Tribunal to County Court

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 transf ...

10th January 2022 By

European Court of Human Rights considers fairness of remote hearings

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 ...

20th December 2021 By

What does the Human Rights Act consultation say about migrants’ rights?

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  ...

14th December 2021 By

Cessation, Article 3 and removing refugees from the UK

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 ...

29th November 2021 By

Fresh guidance on fresh claims

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 Upp ...

3rd November 2021 By

Early settlement concession for young people living half their lives in the UK

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 ...

26th October 2021 By

Confirmed: Home Office can ignore human rights claims

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 ...

21st October 2021 By

Can children and parents apply to remain after seven years’ residence?

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 the ...

18th October 2021 By

Court of Appeal clears up how Article 8 works in Dublin III family reunion cases

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 ...

13th October 2021 By

Briefing: the duty of refugee sea rescue in international law

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 refug ...

5th October 2021 By

Best practice in asylum and human rights appeals: a medical perspective

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 can ...

21st September 2021 By

After deprivation of citizenship comes months or years in limbo

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) decept ...

7th September 2021 By

The AM (Zimbabwe) test now applies to destitution too

The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the Upper Tribunal has found that the “modified” (for which, read “lowered”) test fo ...

16th August 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By

Windrush family priced out of UK win human rights challenge

In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interferenc ...

11th May 2021 By

Interjacent overstaying may count in 10-year long residence application

In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year l ...

30th April 2021 By

Home Office can’t just ignore potential persecution even if there is no asylum claim

The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for insta ...

23rd April 2021 By

Stripping someone of refugee status doesn’t mean they can be deported

The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and EU law does not prevent that person from continuing to be a ...

21st April 2021 By

Belarusian man in limbo since 2003 wins permission to remain in landmark case

In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had been in the UK on immigration bail since 2003. The fundamental question fo ...

23rd March 2021 By

Policy on fee waivers for entry clearance is unlawful, government concedes

In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful.  Fee waiver policies At time of writing, the relevant guidance states ...

8th March 2021 By

Lack of legal advice for migrants in prison ruled “discriminatory”

The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...

26th February 2021 By

Eviction of failed asylum seeker a breach of human rights

The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud [2021] NIQB 6. Backgro ...

25th February 2021 By
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