All Articles: Cases

Dishonesty is not a “precedent fact” issue in a judicial review

This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC). The exception is where human rights are involved (more on that later). Although the ...

17th May 2022 By

Iraq country guidance on ID cards revised

The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The cas ...

16th May 2022 By

Upper Tribunal dives into the Refugee Convention exclusion clauses

The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion clauses”, found at Article 1F of the Convention. Ac ...

13th May 2022 By

Useful case from Court of Justice of the European Union on Palestinian refugees

In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the question of when Palestinian refugees are entitled to refugee status under EU law. This is the fourth major judgment ...

6th May 2022 By

What are the duties of an expert witness in the immigration tribunal?

Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well establi ...

28th April 2022 By

Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds

This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational T ...

26th April 2022 By

Past British citizenship not enough to save murderer from deportation

Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State f ...

22nd April 2022 By

Afghan refugee detained for 98 days wins High Court false imprisonment appeal

Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim of a recognised Afghan refugee, detained for 98 days under the Detained Fast Track proc ...

21st April 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

Overturning a citizenship refusal based on character concerns is very difficult

Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in the courts is likely to be very difficult. This is what we learn from the Court of Appeal’s decis ...

7th April 2022 By

Afghan judge to get visa decision before having to come out of hiding

The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affa ...

5th April 2022 By

Home Office agrees to reconsider landmark Ukraine asylum case

The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 wil ...

31st March 2022 By

High Court quashes “irrational” decision not to prosecute alleged traffickers

The High Court in COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) has taken the Crown Prosecution Service to task for its decision not to charge the alleged traffickers of a victim of modern slavery. The claimant, a national of the Phil ...

30th March 2022 By

Migrants who arrived by small boat may be able to claim damages for unlawful seizure of phones

The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the H ...

29th March 2022 By

Home Office not required to help work out whether a child is British

Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, t ...

22nd March 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

Confirmed victims of human trafficking who claim asylum to get improved residence rights

In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofa ...

18th March 2022 By

Home Office wins trafficking support payments appeal

In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum ...

17th March 2022 By

UK wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds

Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Background: non-working EU citizens needed health ...

15th March 2022 By

“Sorry episode”: Chief Justice reprimands Home Office for disclosure failures

Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the U ...

14th March 2022 By

Victim of brutal domestic abuse loses appeal against deprivation of British citizenship

A mother of three British children has lost her appeal against the decision of Amber Rudd to take away her British citizenship in 2017. The judgment of the Special Immigration Appeals Commission (SIAC) makes for very grim reading.  The woman, anonym ...

10th March 2022 By

High Court quashes “clearly unfair” local authority age assessment

In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by social workers as part of a short-form age assessment was “clearly unfair”. This was because of the ...

28th February 2022 By

Home Office challenge to Sri Lanka country guidance fails

The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur ...

28th February 2022 By

Challenge to New Plan for Immigration thrown out

In R (A and Others) v Secretary of State for the Home Department [2022] EWHC 360 (Admin), Mr Justice Fordham refused permission for a judicial review challenge to the consultation on the Home Office’s New Plan for Immigration. The judgment’s l ...

23rd February 2022 By

Article 3 protects asylum seekers against removal even if they could leave voluntarily

Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might nevertheless avoid any such risk by returning voluntarily to another part of that country, even ...

18th February 2022 By

Unfairness required to set aside appeals decided on paper under unlawful COVID-19 process

Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] ...

17th February 2022 By

What role does the European Convention Against Trafficking play in UK law?

In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against Trafficking (ECAT) not being a part of UK domestic law is no reason to refuse to examine the lawfulness of a ...

16th February 2022 By

English barristers CAN argue immigration cases in Scotland… so long as they don’t set foot there

A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The same is true of a level 3 adviser registered with the Office of the Immigration Services Commissioner. Lawyers pr ...

15th February 2022 By

Refugees can make backdated child tax credit claims

I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees to financial support for children, the Court of Appeal in England and Wales has agreed ...

10th February 2022 By

How human trafficking victims can appeal against criminal convictions

In R v AAD, AAH, and AAI [2022] EWCA Crim 106, handed down on Thursday 3 February 2022, the Court of Appeal (Criminal Division) has outlined avenues to appeal against criminal convictions for victims of trafficking who are confirmed as such after conv ...

7th February 2022 By

Can the Iranian government see what dissidents post on Facebook?

The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general human rights situation in Iran continues to hold good, but the new decision makes additio ...

3rd February 2022 By

Supreme Court upholds government’s right to set child citizenship fees as it chooses

The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it cho ...

2nd February 2022 By

Stripping people of British citizenship without telling them is definitely illegal – for now

The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord Justice Baker and Lady Justice Whipple held that the regulation allowing notice of ci ...

27th January 2022 By

Uncertainty persists for Zambrano carers following Court of Appeal ruling

The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] E ...

26th January 2022 By
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