The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a claim that the government had a duty to consult...
R (Lucas) v Secretary of State for the Home Department [2018] EWCA Civ 2541 is about re-detention following the grant of immigration bail by the First-tier Tribunal under the now repealed provisions of the Immigration Act 1971. The Court of Appeal ruled that tribunal bail finishes once the person has...
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), the High Court has ruled that...
In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt by the UN High Commissioner for Refugees to make it easier to establish statelessness. The court ruled that the standard of proof for determining a...
This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during and after the demolition of the Calais refugee camp in 2016. The first appeal, R (Citizens UK) v SSHD [2018] EWCA Civ 1812, concerned children...
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual before deciding that it is a “serious crime” which justifies excluding that person from subsidiary protection. What is subsidiary protection...
The Upper Tribunal has ruled that the term “worker” in the regulations concerning the rights of residence retained by non-EEA nationals if they divorce their EEA spouse includes jobseekers. This means that when someone who has given up work during marriage gets divorced from an EU citizen they will still...
Kovacevic (British citizen – Art 21 TFEU) Croatia [2018] UKUT 273 (IAC) is about whether EU free movement law protects dual nationals (i.e. someone who is a citizen of the UK and another EU country) who have never exercised their EU free movement rights. The Upper Tribunal ruled that a...
In PK (Draft evader; punishment; minimum severity) Ukraine [2018] UKUT 241 (IAC) the Upper Tribunal has refused to protect a Ukrainian draft evader despite acknowledging that there is evidence that taking part in the conflict might involve committing acts contrary to the “basic rules of human conduct”. The tribunal found...
R (Singh) v Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appellant argued that an application made online without supporting evidence...
