Court of Appeal criticises ambiguous language in immigration tribunal judgments
31 March 2021
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In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need
In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need
The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow
Ndwanyi (Permission to appeal; challenging decision on timeliness) Rwanda [2020] UKUT 378 (IAC) is about how a respondent can challenge a decision that an application
Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems.
Lawyers are prone to creating “terms of art”, i.e. a phrase which has a specific meaning within a particular branch of law, distinct from its
In R (MP) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634, the Court of Appeal upheld the High Court’s decision
The United Nations refugee agency, UNHCR, has today released a new report auditing the Home Office’s procedure for deciding statelessness applications. The audit finds that
In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’s ambiguity on a crucial piece of evidence was enough...
The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criticises the Crown Prosecution Service for prosecuting victims...
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in releasing detainees. The case is R (Habeb) v Secretary...
Ndwanyi (Permission to appeal; challenging decision on timeliness) Rwanda [2020] UKUT 378 (IAC) is about how a respondent can challenge a decision that an application for permission to appeal is in time, when in fact it is not in time. In this case the Home Office had lost the appeal...
Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The role of an appellate court when reviewing the findings of fact made by the court below sounds straightforward: it will only intervene if the findings...
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v Denmark (application no. 56803/18) and Khan v Denmark (application...
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the Home Department [2021] EWHC 54 (Admin)...
Lawyers are prone to creating “terms of art”, i.e. a phrase which has a specific meaning within a particular branch of law, distinct from its usage in ordinary English. In Patel (historic injustice; NIAA Part 5A) India [2020] UKUT 351 (IAC), the Upper Tribunal defines the phrases “historic injustice” and...
In R (MP) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634, the Court of Appeal upheld the High Court’s decision that there was no need for the government to consult the public before introducing advance charging of overseas visitors for NHS treatment. The High Court...
The United Nations refugee agency, UNHCR, has today released a new report auditing the Home Office’s procedure for deciding statelessness applications. The audit finds that there is considerable room for improvement in how the UK processes applications to stay in the UK by people who are not considered as nationals...
