Author Archive
No Windrush compensation for man whose ILR lapsed while imprisoned abroad
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the ...
11th August 2023‘Systematic and routine’ use of hotels for unaccompanied asylum-seeking children is unlawful
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v Kent County Council and another [2023] EWHC 1953 (Admin ...
3rd August 2023Post-Brexit spouses aren’t protected by the Withdrawal Agreement, Court of Appeal confirms
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied for an EEA residence card or family permit as their durable partner. That remains the c ...
1st August 2023Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored
In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower standard of proof in asylum appeals. WAS claimed to be at risk because of his involvement with MQM-London, a UK-bas ...
31st July 2023‘Minded to cancel’ process applies to dishonesty allegations at the UK border
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home De ...
28th July 2023Upper Tribunal reminds parties to identify the issues in an appeal
Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a panel that included Mr Justice Dove, the President of the Upper Tribun ...
24th July 2023Mother and four children spent over a year in ‘inadequate’ accommodation
An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is R (on the application of SA) v Secretary of State for the Home Department [2023] EWHC 1787 (Admin). It ...
20th July 2023Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. Ther ...
18th July 2023Dependency assumed for parents with EU Settlement Scheme family permits
A ‘dependent parent’ already admitted under the EU Settlement Scheme can get leave to remain without having to show dependency, the Upper Tribunal has held in Rexhaj (extended family members: assumed dependency) [2023] UKUT 00161 (IAC). If applyin ...
17th July 2023Airport detainee wrongly denied a solicitor in immigration interview
A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived ...
14th July 2023No right to face-to-face legal advice in detention
Immigration detainees don’t have a right to face-to-face legal advice, the Court of Appeal has held in R (on the application of SPM) v Secretary of State for the Home Department [2023] EWCA Civ 764. SPM was held at Derwentside Immigration Removal Ce ...
12th July 2023Tribunal must consider Home Office decisions in full even when not explicitly relied on by representative
Can a judge ignore part of a Home Office decision if their representative doesn’t mention it in court? No, said the Court of Appeal in Shyti v Secretary of State for the Home Department [2023] EWCA Civ 770. The case The appellant, Mr Shyti, was chal ...
10th July 2023High Court rejects challenge to EU Settlement Scheme dependency rules for children
The child of an EU national is only entitled to stay in the UK after Brexit if they are under 21 or dependent on their parent, the High Court has held. In reaching this conclusion, the court in R (on the application of Ali) v Secretary of State for th ...
7th July 2023No visa for Afghan interpreter accused of leaking sensitive information
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the High Court in FMA and others v Secretary of State fo ...
6th July 2023Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful
The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for refugees from Syria. The design of the scheme was therefore lawful. The case is R (on the a ...
3rd July 2023Trafficking victims wrongly denied financial support in lockdown
Potential victims of trafficking awaiting asylum support decisions during the first lockdown were wrongly denied the full payments to which they were entitled. So held the High Court in R (on the application of PM) v Secretary of State for the Home De ...
28th June 2023Immigration officers don’t have to corroborate your story
Procedural fairness does not require the Secretary of State to take steps to corroborate a person’s account before cancelling their leave for breach of conditions. So held the High Court in R (on the application of Pereira Campos) v Secretary of Sta ...
2nd February 2023Asylum in the European Courts: a case roundup
Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European Convention on Human Rights. In the other, the Court of Justice of the E ...
23rd January 2023Developments in third party financial support for spouse or partner visa applications
The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in th ...
15th November 2022No appeal against Upper Tribunal refusal to set aside its own decision
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings. So held the Court of Appeal in DJ (Pakistan) v Secretary of State for the Home Department [2022] EWC ...
5th August 2022Past British citizenship not enough to save murderer from deportation
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State f ...
22nd April 2022No “historical injustice” in harsh but correct refusal of immigration application
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & A ...
22nd March 2022Statement of changes HC 1118: new family and private life rules
On 9 July 2022, the first people granted permission to stay under the ten-year private and family life routes will start to qualify for indefinite leave to remain. Now, just in time for that anniversary, the Home Office has introduced what it describ ...
17th March 2022Home Office challenge to Sri Lanka country guidance fails
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur ...
28th February 2022Unfairness required to set aside appeals decided on paper under unlawful COVID-19 process
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] ...
17th February 2022