- Dishonesty is not a “precedent fact” issue in a judicial review
- Iraq country guidance on ID cards revised
- Upper Tribunal dives into the Refugee Convention exclusion clauses
- Useful case from Court of Justice of the European Union on Palestinian refugees
- What are the duties of an expert witness in the immigration tribunal?
Case law
New case law articles
Supreme Court
- Supreme Court upholds government’s right to set child citizenship fees as it chooses
- Deportation law up for MORE revision: Supreme Court to hear appeal in HA (Iraq) case
- Supreme Court overturns expansion of benefits rights for EU citizens
- Government must obey court orders even if invalid, Supreme Court holds
- Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms
Court of Appeal
- Past British citizenship not enough to save murderer from deportation
- Afghan boy unlawfully removed from UK for 18 months can claim damages
- Overturning a citizenship refusal based on character concerns is very difficult
- No “historical injustice” in harsh but correct refusal of immigration application
- Confirmed victims of human trafficking who claim asylum to get improved residence rights
Upper Tribunal
- Upper Tribunal dives into the Refugee Convention exclusion clauses
- Upper Tribunal reiterates high threshold in Article 3 cases
- What are the duties of an expert witness in the immigration tribunal?
- Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds
- Home Office agrees to reconsider landmark Ukraine asylum case
High Court
- Afghan refugee detained for 98 days wins High Court false imprisonment appeal
- Afghan judge to get visa decision before having to come out of hiding
- Migrants who arrived by small boat may be able to claim damages for unlawful seizure of phones
European Court of Human Rights
- European Court of Human Rights considers fairness of remote hearings
- Blanket rule delaying family reunion for temporary refugees violates human rights
- Stripping someone of refugee status doesn’t mean they can be deported
Court of Justice of the European Union
- UK wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds
- EU court considers Comprehensive Sickness Insurance
- Denying benefits to EU pre-settled status holders justified if no fundamental rights breached
- Non-Europeans can be detained for longer, EU Court of Justice decides
- Court of Justice decision on cessation of protection for Somali refugees
Useful links
- New decisions of the UK Supreme Court
- The latest decisions reported on Bailii for the Court of Appeal (Civil)
- The latest decisions reported on Bailii for the Administrative Court
- Database of Upper Tribunal (Immigration and Asylum Chamber) judgments
- Database of Court of Justice of the European Union judgments
- Database of European Court of Human Rights judgments
Dishonesty is not a “precedent fact” issue in a judicial review
This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC). The exception is where human rights are involved (more on that later). Although the ...
17th May 2022Iraq country guidance on ID cards revised
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The cas ...
16th May 2022Useful case from Court of Justice of the European Union on Palestinian refugees
In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the question of when Palestinian refugees are entitled to refugee status under EU law. This is the fourth major judgment ...
6th May 2022Upper Tribunal reiterates high threshold in Article 3 cases
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 p ...
4th May 2022What are the duties of an expert witness in the immigration tribunal?
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 establi ...
28th April 2022Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds
This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational T ...
26th April 2022