Surinder Singh route still requires genuine residence abroad
13 February 2020
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The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another
The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another
In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against
In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This
AXB (Art 3 health: obligations; suicide) Jamaica [2019] UKUT 397 (IAC) is the latest in a series of cases which have tried to transpose the
In SB (vulnerable adult: credibility) Ghana [2019] UKUT 398 (IAC) the Upper Tribunal has provided a steer on how immigration judges should approach evidence given
The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office
In recent years the United Kingdom government has resorted to indirect measures like the hostile environment to force people to leave the UK, alongside directly
The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims
The Upper Tribunal has provided guidance on how First-tier Tribunal judges should approach attempts by the Home Office to revoke refugee status from Somalian nationals.
In Idahosa v R [2019] EWCA Crim 1953 the Court of Appeal has ruled that an asylum seeker who had stopped over in the United
The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there. In Kaur & Ors v Secretary of State for the Home Department [2020] EWCA...
In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against victims of human trafficking. This includes using the common law to protect the rights of trafficking victims convicted of immigration offences before the statutory defence...
In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This provides an exception to the usual requirement of five years’ continuous residence before EU migrants are entitled to permanent residence in the country they...
AXB (Art 3 health: obligations; suicide) Jamaica [2019] UKUT 397 (IAC) is the latest in a series of cases which have tried to transpose the decision of Paposhvili v Belgium (application no. 41738/10) into domestic law. Paposhvili was an unusual case in which the applicant had died before the European...
In SB (vulnerable adult: credibility) Ghana [2019] UKUT 398 (IAC) the Upper Tribunal has provided a steer on how immigration judges should approach evidence given by vulnerable adults, in addition to that provided in the Joint Presidential Guidance Note No 2 of 2010. The key point is that adverse credibility...
The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office identifies a potential safe haven. In MB (Internal relocation – burden of proof) Albania [2019] UKUT 392 (IAC), the Upper Tribunal reconsidered the earlier decision...
In recent years the United Kingdom government has resorted to indirect measures like the hostile environment to force people to leave the UK, alongside directly removing people. The government can then claim that the person left the UK voluntarily, and may have thought that there could be no liability for...
The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human trafficking who has claimed asylum might wait months or years for...
The Upper Tribunal has provided guidance on how First-tier Tribunal judges should approach attempts by the Home Office to revoke refugee status from Somalian nationals. SB (refugee revocation; IDP camps) Somalia [2019] UKUT 358 (IAC) confirms that it is, in principle, possible to revoke refugee status because internal relocation is...
In Idahosa v R [2019] EWCA Crim 1953 the Court of Appeal has ruled that an asylum seeker who had stopped over in the United Kingdom for 54 days en route to Canada can rely on the exception to false documents offences available to refugees. The court took a purposive...
