Author: Gabriel Tan

Gabriel Tan

Gabriel Tan

Gabriel Tan is an incoming Bachelor of Civil Law candidate at the University of Oxford and former public law caseworker at Wilson Solicitors

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 case is R (NS) v Secretary of State for the...

31st October 2023
BY Gabriel Tan

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 too great a risk that genuine refugees...

29th June 2023
BY Gabriel Tan

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 prevent individual applicants being removal to Rwanda have now...

12th April 2023
BY Gabriel Tan

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 is R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber)...

6th April 2023
BY Gabriel Tan

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) v Secretary of State for the Home Department [2023] EWHC 640 (Admin). The facts...

28th March 2023
BY Gabriel Tan

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 in age assessment proceedings required the asylum seeker...

23rd December 2022
BY Gabriel Tan

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 duty of candour? The duty of...

2nd December 2022
BY Gabriel Tan

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”. The case is R (LM (Albania)) v Secretary of State for...

19th July 2022
BY Gabriel Tan

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 Home Office policy in this area. The case is...

7th July 2022
BY Gabriel Tan

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 insofar as the policy purports to comply with ECAT. It went...

18th March 2022
BY Gabriel Tan
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