All Articles: administrative court

The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of […]

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20th May 2016
BY Colin Yeo

The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the […]

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2nd March 2016
BY Lucy Mair

Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally […]

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29th February 2016
BY Paul Erdunast

In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a […]

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3rd February 2016
BY Colin Yeo

In Granovski v Secretary of State for the Home Department [2015] EWHC 1478 (Admin) HHJ Coe QC sitting as a Deputy Judge of the High Court rejects the Home Office […]

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7th July 2015
BY Colin Yeo

The High Court has overturned the refusal on character grounds by the Home Office of a British citizenship application by a migrant child. Karon Monaghan QC sitting as a Deputy […]

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12th June 2015
BY Colin Yeo

The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department [2015] EWHC 1490 […]

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27th May 2015
BY Lucy Mair

In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not […]

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2nd April 2015
BY Colin Yeo

A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department [2015] EWHC 844 (Admin) (26 […]

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27th March 2015
BY Colin Yeo

In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a family visitor. The case is […]

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4th September 2014
BY Colin Yeo

No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by Parliament) and unlawfully discriminatory. The […]

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15th July 2014
BY Colin Yeo

In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the […]

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15th July 2014
BY Bijan Hoshi

In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to review a decision to refuse […]

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14th July 2014
BY Amanda Weston

R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the […]

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1st July 2014
BY Amanda Weston

Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on […]

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16th June 2014
BY Greg Ó Ceallaigh

In a big win for legal aid lawyers and their clients, the High Court has held to be unlawful the refusal of legal aid in six test cases and has […]

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13th June 2014
BY Colin Yeo

The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It is another example of an […]

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10th June 2014
BY Colin Yeo

The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’ raids on public transport hubs, […]

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10th April 2014
BY Colin Yeo

In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for Judicial Review of the Secretary […]

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4th March 2014
BY Raza Halim

An important recent case slipped under my radar last year, mainly because it has not been publicly reported on one of the publicly accessible case law repositories like BAILII. The […]

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9th January 2014
BY Colin Yeo

In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about the need to get on […]

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18th December 2013
BY Greg Ó Ceallaigh

I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin). The challenge […]

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28th October 2013
BY Colin Yeo

The harsh reality of immigration law enforcement is dramatically exposed by the facts of the case of R (on the application of Shaw & Anor) v Secretary of State for […]

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18th October 2013
BY Colin Yeo

It is finally almost upon us: the transfer of judicial review claims from the High Court to the Upper Tribunal will take place on 1 November 2013. In addition, applications […]

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30th August 2013
BY Colin Yeo

Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton […]

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23rd July 2013
BY Sarah Pinder

Following the All Party Parliamentary Group on Migration’s report published on 10 June 2013 – covered on Free Movement earlier last month – the ‘new’ family migration rules have been debated twice […]

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8th July 2013
BY Sarah Pinder

Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the […]

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5th July 2013
BY Colin Yeo

The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston […]

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18th June 2013
BY Ripon Akther

Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System […]

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28th May 2013
BY Sarah Pinder

Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman) v Secretary of State for […]

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23rd May 2013
BY Free Movement

ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme […]

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29th April 2013
BY Free Movement

The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home […]

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18th April 2013
BY Colin Yeo

Litigation is an expensive business, and immigration is a litigious business. As the recent brouhaha around judicial review revealed, the vast majority of judicial review cases in the High Court […]

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28th January 2013
BY Colin Yeo

A barrister … must promote and protect fearlessly and by all proper and lawful means the lay client’s best interests and do so without regard to his own interests or to […]

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11th January 2013
BY Free Movement

In the case of R (on the application of Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012) the High Court has held […]

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10th December 2012
BY Colin Yeo

There has been a lot of media coverage of judicial review applications in the last few days, as most readers will no doubt have noticed. The Government has announced plans […]

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21st November 2012
BY Free Movement

The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments […]

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14th November 2012
BY Free Movement

Following on from Hakemi, the High Court has again scrutinised the leave to remain under the “Legacy” cases, and found the SSHD’s adherence to the policy wanting. In a welcome […]

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6th November 2012
BY Ripon Akther

In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest […]

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18th October 2012
BY Free Movement

I’ve no time for a proper post at the moment but as a filler take a look at a few choice quotes from an interesting fresh claim judicial review concerning […]

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17th October 2012
BY Free Movement
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