Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing
The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review),
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts
It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the
On 6 April 2023, the Home Office started data sharing with the financial sector again. This was foreshadowed in a speech by Prime Minister Rishi
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the
What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing a criminal offence after 31 December 2020? This question was considered by the Upper Tribunal in Secretary of State for the Home Department v Vargova...
The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission hearing. This was the conclusion reached in Karim v Upper Tribunal (Immigration and Asylum Chamber) [2024] EWHC 1368 (Admin). The...
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024]...
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...
It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to make representations before the decision is taken with a view to producing a favourable result. There is a duty to...
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a person’s refugee status, there is a right of...
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules in human rights appeals. The Upper Tribunal has neatly encapsulated the current position in a recent case, Caguitla (Paragraphs 197...
On 6 April 2023, the Home Office started data sharing with the financial sector again. This was foreshadowed in a speech by Prime Minister Rishi Sunak on 13 December 2022. Sections 40A to 40H of the Immigration Act 2014 requires banks to carry out immigration checks on all customers with...
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement. This is the...