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 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

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

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Upper Tribunal

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

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

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High Court

High Court dismisses challenge to refusal of indefinite leave under Windrush scheme

High Court finds no lawful system in place for expediting change of conditions applications

Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal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

Explore European Court of Human Rights

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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New decisions of the UK Supreme Court

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HIGH COURT LATEST

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TRIBUNAL DECISIONS

Database of Upper Tribunal (Immigration and Asylum Chamber) judgments

COURT OF JUSTICE DECISIONS

Database of Court of Justice of the European Union judgments

EUROPEAN COURT OF HUMAN RIGHTS DECISIONS

Database of European Court of Human Rights judgments

Cases

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

The Upper Tribunal has said that the enhanced protection against deportation of European nationals is available where there is criminal conduct covering both the pre

...

6th December 2024

BY Sonia Lenegan

Cases, Nationality

High Court dismisses challenge to refusal of indefinite leave under Windrush scheme

The High Court has dismissed a judicial review challenging the decision of the Home Secretary to refuse to grant indefinite leave to remain to the

...

4th December 2024

BY Sonia Lenegan

Cases, Procedure

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

In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving

...

3rd December 2024

BY Iain Halliday

Asylum, Cases

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

In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has

...

28th November 2024

BY Isabella Kirwan

Cases, Human rights

High Court finds no lawful system in place for expediting change of conditions applications

The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce,

...

27th November 2024

BY Sonia Lenegan

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

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