The immigration rules allow some people to apply to remain in the UK on the basis of long residence. Those who had periods of overstaying can apply for limited leave […]
Appendix Long Residence of the immigration rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. It is […]
In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living […]
The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not be permitted to return to […]
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the […]
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears […]
In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount […]
Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the […]
The Court of Appeal has emphasised that consideration of whether there are very significant obstacles to a person’s reintegration is a practical test which must take into account objective evidence. […]
The Court of Appeal has dismissed a claim for damages against the Home Secretary for a five month delay in granting refugee status, following a successful appeal, to a person […]
The Court of Appeal has sent a case back to the Upper Tribunal for reconsideration after a failure to properly consider article 8 and the making of a material error […]
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s […]
Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. In this article I look at […]
Despite strong public interest considerations in favour of respecting extradition agreements, the High Court has decided that a Polish national who came to the UK as a fugitive eight years […]
The treatment of a person’s job in human rights claims has been ambiguous and inconsistent in previous High Court decisions, but the judgment in Kulumbegov v Home Office [2023] EWHC […]
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA […]
Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in 2020/21 were allowed on human […]
The European Court of Human Rights has handed down a significant judgment concerning the age-assessment process and rights of child asylum seekers. In Darboe and Camara v Italy (Application no. […]
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom. OH challenged […]
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant […]
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica) v Secretary of State for […]
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 […]
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 […]
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 […]
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may […]
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion […]
In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian citizen who arrived in the […]
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home […]
Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their […]
In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), […]
In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had […]
In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human […]
Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The role of an appellate court […]
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if […]
Lawyers are prone to creating “terms of art”, i.e. a phrase which has a specific meaning within a particular branch of law, distinct from its usage in ordinary English. In […]
Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted of such an offence is […]
It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that […]
Last year, Nick wrote up the case of MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, summarising it as follows: If a foreign criminal wins […]
In Pormes v The Netherlands (application no. 25402/14), the European Court of Human Rights has approved the deportation of a man who had lived in the Netherlands between the ages […]
Everyone in the UK has the right to respect for their family life under Article 8 of the European Convention on Human Rights. But as a migrant from outside the […]
