Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one concerning religious conversion cases and the other concerning clerical errors in a written decision. “Expert” evidence on religious conversion The first is quite a significant...
The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple layers of protection from deportation which EU citizens enjoy. In particular, it focuses on the importance of a properly reasoned decision by the First-tier Tribunal...
In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for raising judicial review proceedings starts on the date of the decision, even though the person affected may not have been notified of that decision. This...
The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the equivalent of a judicial smack on the hand. It is another reminder of the importance of what the tribunal describes as the “duty of...
Following on from the Court of Appeal’s recent human rights “cheatsheet” in GM (Sri Lanka) v Secretary of State for the Home Department, we now have a gem of a sequel that is Lal v Secretary of State for the Home Department [2019] EWCA Civ 1925. In this case, Ms...
A grant of refugee status usually involves acceptance that a particular set of circumstances exist which would make it unlawful for a person to be returned to their country of origin. But circumstances change, and this can have a knock-on effect on whether someone continues to qualify as a refugee....
The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and Asylum Chamber) [2019] EWCA Civ 151 has...
Always a worry (but never a surprise) when Court of Appeal judges start off a judgment by saying that the case “has a tortuous procedural history”, is “highly technical” and involves “Byzantine… provisions” of immigration law. Firdaws v Secretary of State for the Home Department [2019] EWCA Civ 1310 is...
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it...
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State...
