- Afghan boy unlawfully removed from UK for 18 months can claim damages
- No “historical injustice” in harsh but correct refusal of immigration application
- Human rights damages claims can be transferred from Upper Tribunal to County Court
- European Court of Human Rights considers fairness of remote hearings
- What does the Human Rights Act consultation say about migrants’ rights?
Human rights
Latest Human Rights posts
Key posts on human rights
Briefing: what is leave outside the Rules?
27th April 2020
Court of Appeal cheatsheet on human rights in immigration cases
8th October 2019
When is Article 8 private and family life engaged?
3rd July 2015
Latest posts on Article 3
- Upper Tribunal reiterates high threshold in Article 3 cases
- The logistics of survival: updated Somalia country guidance
- Article 3 protects asylum seekers against removal even if they could leave voluntarily
- Cessation, Article 3 and removing refugees from the UK
- Legal test when arguing suicide risk to challenge removal
Latest posts on Article 8
- Afghan boy unlawfully removed from UK for 18 months can claim damages
- No “historical injustice” in harsh but correct refusal of immigration application
- Can children and parents apply to remain after seven years’ residence?
- Court of Appeal clears up how Article 8 works in Dublin III family reunion cases
- Supreme Court dismisses deportation appeal of man living in UK since he was 9
Latest posts on Long residence
- Court of Appeal game-changer for validity and continuous residence
- Early settlement concession for young people living half their lives in the UK
- Can children and parents apply to remain after seven years’ residence?
- Visit visas can count towards ten years’ long residence
- “Open-ended” overstayers can’t rely on ten-year lawful residence rule
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No “historical injustice” in harsh but correct refusal of immigration application
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & A ...
22nd March 2022Human rights damages claims can be transferred from Upper Tribunal to County Court
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transf ...
10th January 2022European Court of Human Rights considers fairness of remote hearings
In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness of conducting hearings remotely. In this case, the court found that the remote ...
20th December 2021What does the Human Rights Act consultation say about migrants’ rights?
The government has published its proposals for changing the Human Rights Act 1998. Not all the consultation questions will be of professional interest to immigration lawyers — for instance, there are sections on free speech and trial by jury ...
14th December 2021Cessation, Article 3 and removing refugees from the UK
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead ...
29th November 2021Fresh guidance on fresh claims
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upp ...
3rd November 2021