Case law

New case law articles

Supreme Court finds no human right to legal status if it’s your own fault you can’t be removed
Irish High Court finds decision to list the UK as a safe country for asylum seekers is unlawful
Government Legal Department told by High Court to keep “rather basic point” in mind when advising on redactions
Yet another Afghan judge successfully challenges exclusion from resettlement scheme
Rewarding failure: Home Secretary permitted to withdraw decision under appeal following failure to admit excluded evidence

Supreme Court

Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal

Supreme Court finds no human right to legal status if it’s your own fault you can’t be removed

Reflections on the Supreme Court’s Rwanda judgment

Supreme Court finds Rwanda is not a safe country to which refugees can be removed

Brexit and the Rwanda agreement: what was argued in the Supreme Court?

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Court of Appeal

Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases

Court of Appeal held that time limit did not start to run where notice of decision failed to mention right of appeal

Court of Appeal dismisses challenge to employer penalty notice

Court of Appeal apologises and grants four year extension of time after administrative failings

Can a European national be deported on ‘imperative grounds of public security’ based solely on the barbarity of their crime?

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Upper Tribunal

EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights

Upper Tribunal revisits “obscure legal discussion” on appeals for “removable refugees”

Upper Tribunal gives guidance on when non-Afghan nationals can be granted indefinite leave to remain under Afghan resettlement scheme

Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct

Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors

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High Court

Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal

Lack of appeal against rejection of late EUSS applications does not breach Withdrawal Agreement

Administrative Court reminds practitioners of the need for an application when seeking to rely on expert evidence

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European Court of Human Rights

Spain ordered to pay compensation for failures in trafficking case

Asylum in the European Courts: a case roundup

Human rights damages can be awarded for judicial findings

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Court of Justice of the European Union

CJEU: designation of a third country as a safe country of origin must cover its entire territory

CJEU: discriminatory measures faced by women under the Taliban regime constitute acts of persecution

CJEU: Women who are victims of gender-based violence can qualify for refugee status

Court of Justice confirms British citizens lost their EU citizenship because of Brexit

Asylum in the European Courts: a case roundup

Explore Court of Justice of the European Union

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EUROPEAN COURT OF HUMAN RIGHTS DECISIONS

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Cases, Deportation, EU Free Movement

EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights

The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the

...

25th November 2024

BY Sonia Lenegan

Asylum, Cases

Upper Tribunal revisits “obscure legal discussion” on appeals for “removable refugees”

Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on

...

22nd November 2024

BY Sonia Lenegan

Cases, Deportation

Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases

In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers

...

22nd November 2024

BY Nick Nason

Asylum, Cases

Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal

The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted

...

18th November 2024

BY Sonia Lenegan

Cases, EU Free Movement

Court of Appeal held that time limit did not start to run where notice of decision failed to mention right of appeal

The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in

...

14th November 2024

BY Sonia Lenegan

Cases, Points Based System

Court of Appeal dismisses challenge to employer penalty notice

The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to

...

13th November 2024

BY Sonia Lenegan

Popular Posts

EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights

Upper Tribunal revisits “obscure legal discussion” on appeals for “removable refugees”

Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases

New practice note for Scotland on claims relating to citizens’ rights under the Withdrawal Agreement

Inspection report concludes that Brook House is less safe than two years ago