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 says that application made to EU Settlement Scheme was correctly rejected

Court of Appeal allows appeal on EU Settlement Scheme dependency rules

Court of Appeal dismisses Iranian asylum appeal

Court of Appeal finds Home Office cannot use the same certification decision in successive removals

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

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Upper Tribunal

Leave obtained by deception does not count as “continuous lawful residence”

No mandatory transfer to the Upper Tribunal of judicial reviews challenging public order disqualifications

Terms of loan agreement must be clear to meet requirements of a Tier 1 (Entrepreneur) application

Upper Tribunal clarifies position on deportation of EU nationals for pre and post-Brexit conduct

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

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High Court

Unrepresented claimant fails in judicial review of voided application

Separated Afghan family lose judicial review as ex-wife deemed not to be an “additional family member”

Afghan family to have application decided a sixth time after unfair refusal

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European Court of Human Rights

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

Spain ordered to pay compensation for failures in trafficking case

Asylum in the European Courts: a case roundup

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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

All our case notes

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TRIBUNAL DECISIONS

Database of Upper Tribunal (Immigration and Asylum Chamber) judgments

COURT OF JUSTICE DECISIONS

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EUROPEAN COURT OF HUMAN RIGHTS DECISIONS

Database of European Court of Human Rights judgments

Cases, EU Free Movement

Court of Appeal says that application made to EU Settlement Scheme was correctly rejected

The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had

...

20th December 2024

BY Sonia Lenegan

Cases, Procedure

Leave obtained by deception does not count as “continuous lawful residence”

In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as

...

18th December 2024

BY Sonia Lenegan

Cases, Human rights

No mandatory transfer to the Upper Tribunal of judicial reviews challenging public order disqualifications

The High Court has said in a written preliminary decision that it was not bound to transfer a judicial review challenging a public order disqualification

...

17th December 2024

BY Sonia Lenegan

Cases, Points Based System

Terms of loan agreement must be clear to meet requirements of a Tier 1 (Entrepreneur) application

The Upper Tribunal has dismissed a judicial review challenging refusal of a Tier 1 (Entrepreneur) Migrant application because of a lack of clarity in the

...

16th December 2024

BY Sonia Lenegan

Cases, EU Free Movement

Court of Appeal allows appeal on EU Settlement Scheme dependency rules

The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen

...

16th December 2024

BY Sonia Lenegan

Cases, Procedure

Unrepresented claimant fails in judicial review of voided application

An unrepresented claimant has been unsuccessful in her challenge to the Home Secretary’s decision to void her indefinite leave to remain application because she submitted a

...

13th December 2024

BY Sonia Lenegan

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