Case law

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Supreme Court

Supreme Court adopts “nuanced” approach in deprivation of citizenship appeal

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

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Court of Appeal

Court of Appeal rejects student’s attempt to switch into skilled worker route

Guidance on “exceptional assurance” Covid policy given by Court of Appeal

Court of Appeal considers standard of proof for internal relocation

Court of Appeal criticises “euphemistic and inadequate” First-tier Tribunal decision

First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist

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Upper Tribunal

Successful challenge to cancellation of skilled worker leave after Home Office errors

Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identity

Home Office decision to “correct” grant of indefinite leave made in error held to be lawful

No damages for failure to grant leave to survivor of trafficking

Upper Tribunal dismisses challenge to refusal of leave as representative of an overseas business

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High Court

Asylum Aid wins High Court challenge to the statelessness family reunion rules

Refugee succeeds in High Court challenge to negative trafficking decision

Home Office guidance on discretionary indefinite leave for children held to be unlawful

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European Court of Human Rights

European Court of Human Rights finds strong evidence that Greece engaged in unlawful pushbacks to Turkey

Two recent Strasbourg cases on family life between adults

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

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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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Database of Upper Tribunal (Immigration and Asylum Chamber) judgments

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Database of European Court of Human Rights judgments

Cases, Family immigration, Human rights

Asylum Aid wins High Court challenge to the statelessness family reunion rules

Asylum Aid’s legal challenge to the lawfulness of the statelessness family reunion rules has been comprehensively upheld. The judgement was handed down by the High

...

28th April 2025

BY Djamilla Hitchins

Cases, Points Based System

Successful challenge to cancellation of skilled worker leave after Home Office errors

A person on a skilled worker visa who was encountered working in a nail salon has successfully challenged the cancellation of her leave. The case

...

23rd April 2025

BY Sonia Lenegan

Asylum, Cases, Human rights

Refugee succeeds in High Court challenge to negative trafficking decision

A Sudanese refugee has succeeded in challenging a negative trafficking decision after he was wrongly criticised for a lack of detail and supporting evidence for

...

23rd April 2025

BY Sonia Lenegan

Cases, Points Based System

Court of Appeal rejects student’s attempt to switch into skilled worker route

The Court of Appeal has rejected a student’s argument that the Home Secretary should have exercised discretion and considered his application to switch into the

...

15th April 2025

BY Sonia Lenegan

Cases, Children

Home Office guidance on discretionary indefinite leave for children held to be unlawful

The Home Secretary has made a useful concession to the High Court, confirming that she has a discretion to grant indefinite leave to remain outside

...

11th April 2025

BY Sonia Lenegan

Cases, Procedure

Guidance on “exceptional assurance” Covid policy given by Court of Appeal

The Court of Appeal has given some guidance on the application of the exceptional assurance policy put in place during the pandemic and has concluded

...

4th April 2025

BY Sonia Lenegan

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