Does exploiting a domestic worker through human trafficking and modern slavery constitute “exercising” a “commercial activity” for the purposes of the Vienna Convention on Diplomatic Relations 1961 such that it falls within the exception to a diplomat’s immunity from civil suit? When this arose several years ago in Al-Malki v...
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on the ability...
In the case of C-255/19 Secretary of State for the Home Department v OA, the Court of Justice of the European Union held (at paragraph 64) that: 1. Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals...
In August, Nath Gbikpi reported for Free Movement on R (Y) (Children In Care: Change of Nationality) [2020] EWCA Civ 1038. In that case, the Court of Appeal found that section 33 of the Children Act 1989 did not entitle the local authority to apply for British citizenship for two siblings in their care,...
Recommendation 6 – The Home Office should: a) devise, implement and review a comprehensive learning and development programme which makes sure all its existing and new staff learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of...
BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considered the case of AAH (Iraqi Kurds – internal relocation)...
KF et ors (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC) concerns an 18-year-old Syrian refugee sponsor, whose mother, father and younger siblings applied for family reunion with him. The key principles identified by the tribunal do not emerge particularly clearly from the headnote, so it is worth...
Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Member States may detain the person concerned in...
Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Yuri Mendes) v Secretary of State for the Home Department [2019] EWHC...
An integral part of the procedure of suing for damages is disclosure. Where Home Office disclosure is inadequate or incomplete, it is necessary to go on pressing for compliance with rule 31 of the Civil Procedure Rules and for specific disclosure. Those requiring a lesson in how to do so...