MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence […]
Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can […]
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 […]
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was […]
Asylum seekers routinely share their most sensitive information with the Home Office in order to support their asylum claims, write Daniel Carey and Zac Sammour. They do so in good faith, trusting that […]
The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant […]
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, […]
Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] […]
The Court of Appeal has dealt a serious blow to rights of appeal for visitors to the UK. Here we analyse the legal situation and take a look at the three judgments....
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of […]
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, […]
The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal) v Secretary of State for […]
Most domestic workers would prefer to be recognised as workers than labelled as trafficked, and ask to be empowered rather than rescued. But it is often necessary to plead their […]
R (Mudibo) v Secretary of State for the Home Department [2017] EWCA Civ 1949 is yet another decision of the Court of Appeal grappling with the provisions of those familiar nemeses, section 117B […]
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to […]
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 […]
Since April 2015, only very limited types of immigration case can be appealed. In the case of R (AT) v Secretary of State for the Home Department [2017] EWHC 2589 […]
When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not receive the care they need? […]
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” […]
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option 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 the UK since the age […]
The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) […]
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 […]
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration […]
On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in MM (Lebanon) & Others v […]
Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found […]
Well, that did not take long. The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided […]
In Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult […]
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of […]
On 13 December 2016, the Grand Chamber handed down its much-awaited decision in Paposhvili v Belgium (Applcn No. 41738/10). The decision: (1) clarifies, widens and provides guidance on the circumstances […]
Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago […]
In the cases of Hesham Ali [2016] UKSC 60 and Makhlouf [2016] UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation […]
Hareef, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 873 (Admin) is a case that was heard in the wake of GS (India), […]
The Council of Europe Commissioner for Human Rights today published a Memorandum addressed to the UK Immigration Minister, James Brokenshire, in which he condemns the use of anti migrant language […]
Jeremy Corbyn may be having a tough time since becoming leader of the Labour Party, but he can at least take some satisfaction in getting one over Theresa May in […]
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act […]
The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals […]
The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and […]
In Granovski v Secretary of State for the Home Department [2015] EWHC 1478 (Admin) HHJ Coe QC sitting as a Deputy Judge of the High Court rejects the Home Office […]
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a […]
