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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]