Updates, commentary, training and advice on immigration and asylum law

Supreme Court admissibility decisions in immigration cases for March 2015


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The Supreme Court has granted permission to appeal in the case of MP (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 829 and allocated reference number UKSC 2015/0027. Progress can be tracked on the Supreme Court website but the case does not yet appear there. It will be very interesting to see what the Supreme Court makes of the Sri Lankan country guidance.

UPDATE: Alasdair McKenzie has kindly emailed to say that permission was granted “only on the question of whether Mr MP ought to have got HP in consequence of the accepted Article 3 case based on his mental health.  The challenge to the CG was refused PTA.” – thanks for the update, Alasdair.

Meanwhile, there were also several refusals of permission in immigration cases:

  • R (on the application of RN (Sri Lanka)) v Secretary of State for the Home Department [2014] EWCA Civ 938 (very unlucky Sri Lankan asylum seeker whose case succeeded in Strasbourg but by the time it was redetermined in the UK he was considered safe)
  • Singh and Patel v Secretary of State for the Home Department [2014] EWCA Civ 957 (obscure procedural point about fresh claims and paragraph 353B of the Immigration Rules)
  • R (on the application of Edgehill) v Director of Legal Aid Casework [2014] EWCA Civ 1622 (legal aid and exceptional funding)
  • MI (Pakistan) and MF (Venezuela) v Secretary of State for the Home Department [2014] EWCA Civ 826 (threshold for and meaning of “being persecuted” under the Refugee Convention)
  • AA (Algeria) v Secretary of State for the Home Department [2014] EWCA Civ 1741 (can you be the “extended family member” of the spouse of an EEA national? No)

The full list of permission decisions can be found here.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.