Key posts on human rights

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Supreme Court allows foreign criminal deportation case

The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged 10. The case is SC (Jamaica) v Secretary of State of the Home Department [2022] UKSC 15. The judgment covers the application of the conc ...

16th June 2022 By

Foreign convictions in deportation appeals

When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from?   In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secr ...

14th June 2022 By

End of the AM (Zimbabwe) saga? Tribunal returns to Article 3 medical cases

Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European Court of Human Rights decision in Paposhvili v Belgium (applica ...

19th May 2022 By

Afghan boy unlawfully removed from UK for 18 months can claim damages

The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary ...

12th April 2022 By

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 2022 By

Human 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 2022 By