Upper Tribunal reiterates high threshold in Article 3 cases
4 May 2022
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In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The
The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled”
In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member,
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with mental health difficulties would violate Article 3 of the European Convention on Human Rights. Article 3 prohibits inhumane and degrading treatment. Where a person’s mental...
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well established. Specific guidance for experts providing reports for cases in...
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in the courts is likely to be very difficult. This is what we learn from the Court of Appeal’s decision in R (Amin) v Secretary of...
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the UK. Their claims were certified, meaning...
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The same is true of a level 3 adviser registered with the Office of the Immigration Services Commissioner. Lawyers practising in England and Wales do not...
The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled” in the UK on the first day of the first academic year of their course. To be settled in immigration terms, you generally need to...
In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member, hoping to stay in the UK with their EEA citizen sponsor, can do so when the sponsor only acquired that citizenship after the extended family...
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to the public good” due to their conduct, character and associations. The Court of Appeal considered this provision in Hussain & Anor v Secretary of State...
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last year, in HA (Iraq) v Secretary of...
