Asylum seeker right to work policy declared unlawful, again
6 October 2021
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There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that
The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong”
The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major
The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue failed to comply with the statutory duty to...
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essential for appellants to put their case properly and having the decision made on...
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considered in exceptional circumstances. It is presently contained...
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38. It should...
The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first identified an error of law in the decision. In this case, the Upper...
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary of State confessed to the court that she was not sure...
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply cocaine. During the trial, the Single Competent Authority — the arm of...
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly strong” claim due to criminal offending and time in...
The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of a Rule 35 procedure...
The Home Secretary has laid a new draft of the Adults at Risk statutory guidance before Parliament. The new version marks a significant change in how trafficking victims fit within the policy framework for detaining vulnerable people. At present, the Home Office has a policy of releasing people from immigration...
