High Court success in challenge to move of highly vulnerable asylum seeker away from his support network

The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The cas ...

31st October 2023 By

Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country

The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short, the Rwandan authorities are not yet reliably able to sort genuine from non-genuine refugees, and therefore there is ...

29th June 2023 By

European Court announces challenge against Rwanda removal policy as interim injunction expires

The European Court of Human Rights has given formal notification to the UK government of an application by an Iraqi asylum-seeker (anonymised as NSK) challenging his removal to Rwanda. They also found that several of the Rule 39 interim measures to pr ...

12th April 2023 By

Judicial Review and Courts Act 2022 ouster clause found effective

The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the courts in Upper Tribunal permission to appeal decisions except in very limited circumstances. The decision ...

6th April 2023 By

Refusals of naturalisation on good character grounds can only be challenged by irrationality

In a colourfully-worded and expressive judgment, the High Court has found that challenges to the Home Secretary’s decision to refuse citizenship naturalisation applications can only be challenged on grounds of irrationality. The judgment is R (Sandy ...

28th March 2023 By

Social media and the duty of candour in age assessment proceedings

The Upper Tribunal has issued guidance on the use of material from an applicant’s social media accounts in age assessment proceedings in R (BG) v LB Hackney [2022] UKUT 00338 (IAC). The brief facts The standard directions made by the Upper Tribunal ...

23rd December 2022 By

What is the duty of candour?

Regular readers of Free Movement will be aware of the recent judgment finding serious breaches of the duty of candour by the Home Office in the mobile phone seizures case. Jed Pennington has discussed the judgment in a previous post. But, what is the ...

2nd December 2022 By

Human trafficking case correctly handled with “anxious scrutiny”

The Court of Appeal has dismissed an Albanian woman’s judicial review challenge to a finding that she was not a human trafficking victim, holding that those deciding her case had handled it with the correct level of “anxious scrutiny” ...

19th July 2022 By

No costs awarded for judicial review of asylum dispersal policy

In a reasoned determination on costs, the High Court has found that a judicial review brought by seven West Midlands councils over unfair allocation of responsibilities for housing asylum seekers did not have a causal link to the eventual change in Ho ...

7th July 2022 By

Confirmed victims of human trafficking who claim asylum to get improved residence rights

In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofa ...

18th March 2022 By

Home Office wins trafficking support payments appeal

In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum ...

17th March 2022 By

What role does the European Convention Against Trafficking play in UK law?

In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against Trafficking (ECAT) not being a part of UK domestic law is no reason to refuse to examine the lawfulness of a ...

16th February 2022 By