The Court of Appeal has rejected a student’s argument that the Home Secretary should have exercised discretion and considered his application to switch into the
The Court of Appeal has given some guidance on the application of the exceptional assurance policy put in place during the pandemic and has concluded
A Somali man who is at risk of harm from the Islamist Al-Shabaab group in his home area is not a refugee or entitled to
The Court of Appeal has dismissed an appeal against a decision by the Upper Tribunal that the First-tier Tribunal did not have jurisdiction to consider
In R(AH) v Secretary of State for the Home Department, the Home Office has conceded that it wrongly excluded a Dutch man from re-entering the
The Court of Appeal has held that the Special Immigration Appeals Commission (SIAC) was entitled to decide that it would not be unjust to refuse
“Although I have considerable sympathy for Mr Tomlinson, we are unable to wind back the clock so as to put right the historic injustice”. This
In a decision on asylum support last year, the judge invited the Home Secretary to apply for judicial review of the tribunal so that guidance
A claimant seeking compensation under the Windrush Compensation Scheme after being denied entry to the UK and removed from the UK in July 1999 will
The High Court has quashed a decision by the Home Office to refuse a trafficking claim on the grounds that the person had been kidnapped,
The High Court has ruled that three Home Office decisions, each of which refused the claimant’s request for reinstated trafficking support via the Modern Slavery
On 7 February the High Court gave judgment in the case of R (oao) APD v Secretary of State for the Home Department [2025] EWHC 246
In our latest write up on the people seeking asylum who were on Diego Garcia there was mention of the case of KP, who was
The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide
Emotions can run high in any litigation. In a case arising from unlawful detention, like Mlundira v Secretary of State for the Home Department [2025]
The Upper Tribunal has recently dismissed a judicial review action involving a Turkish Kurdish family who were separated when attempting to cross the Channel. Before
The High Court has dismissed an appeal by the Home Secretary against an award of damages to a refugee in the amount of £98,757.04 in
The Court of Appeal has allowed the Home Secretary’s appeal in a deprivation case involving the use of a false identity, but the appeal will
Once the Home Secretary concludes that a refugee is a danger to national security she is entitled to revoke his refugee status. She does not
In two mammoth judgments, Fordham J has given detailed guidance about the duties owed to disabled people on immigration bail by the Home Office and
A care home operator has successfully challenged the Home Office’s decision to refuse a defined certificate of sponsorship request on the grounds that the care
The Home Secretary’s appeal in a deprivation case has seemingly backfired as the Court of Appeal has held that the deprivation process being operated, where
The Court of Appeal has dismissed an appeal where it was argued that there had been procedural unfairness in a refusal of further leave to
In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be
The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in
The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not
What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the
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
As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case
The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a
The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as
In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion
An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer
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
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
The Court of Appeal has rejected a student’s argument that the Home Secretary should have exercised discretion and considered his application to switch into the skilled worker route, instead of rejecting it for not meeting the validity requirements after a rule change came into force prohibiting such a move. The...
The Court of Appeal has given some guidance on the application of the exceptional assurance policy put in place during the pandemic and has concluded that it could not be relied on by the appellant, notwithstanding the fact that the Home Office had issued him with a letter granting a...
A Somali man who is at risk of harm from the Islamist Al-Shabaab group in his home area is not a refugee or entitled to humanitarian protection because he can reasonably relocate to Mogadishu. This is the decision of the Court of Appeal in ASJ (Somalia) v Secretary of State...
The Court of Appeal has dismissed an appeal against a decision by the Upper Tribunal that the First-tier Tribunal did not have jurisdiction to consider an appeal based on a grant of humanitarian protection that had not been made by the Home Secretary, on the grounds of a nationality that...
In R(AH) v Secretary of State for the Home Department, the Home Office has conceded that it wrongly excluded a Dutch man from re-entering the UK after a family holiday because it mistook him for a different Dutch national who had been deported from the UK. After proceedings were issued...
The Court of Appeal has held that the Special Immigration Appeals Commission (SIAC) was entitled to decide that it would not be unjust to refuse to allow a woman in a refugee camp in Syria to lodge a late appeal against the Home Office’s decision depriving her of her British...
“Although I have considerable sympathy for Mr Tomlinson, we are unable to wind back the clock so as to put right the historic injustice”. This quote perfectly summarises the bittersweet victory for the appellant in the recent Court of Appeal case of R (Tomlinson) v Secretary of State for the...
In a decision on asylum support last year, the judge invited the Home Secretary to apply for judicial review of the tribunal so that guidance could be provided to asylum support judges on jurisdiction in implicit withdrawal cases (i.e. where the Home Office has deemed an asylum claim withdrawn). The...
A claimant seeking compensation under the Windrush Compensation Scheme after being denied entry to the UK and removed from the UK in July 1999 will have his application reconsidered after the High Court quashed the Home Office’s refusal. The case is R (Lee) v Secretary of State for the Home...
The High Court has quashed a decision by the Home Office to refuse a trafficking claim on the grounds that the person had been kidnapped, which the decision maker said could not meet the trafficking definition. The case is R (AAM) v Secretary of State for the Home Department [2025]...
The High Court has ruled that three Home Office decisions, each of which refused the claimant’s request for reinstated trafficking support via the Modern Slavery Victim Care Contract, were unlawful. Judgment was handed down in R (ETX) v Secretary of State for the Home Department [2025] EWHC 294 (Admin) on...
On 7 February the High Court gave judgment in the case of R (oao) APD v Secretary of State for the Home Department [2025] EWHC 246 (Admin). This was the first judicial treatment of section 4L of the British Nationality Act 1981, which was inserted by the Nationality and Borders...
In our latest write up on the people seeking asylum who were on Diego Garcia there was mention of the case of KP, who was excluded from the arrangements to bring most people to the UK as he had criminal convictions, although he had also been recognised as being in...
The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide sufficient reasons for departing from a country guidance case, only for the Upper Tribunal to then fall into the same error. The case is Secretary...
Emotions can run high in any litigation. In a case arising from unlawful detention, like Mlundira v Secretary of State for the Home Department [2025] EWHC 189 (KB), the stakes and emotions can be heightened. This case underlines how important it is to consider and respond to correspondence from the...
The Upper Tribunal has recently dismissed a judicial review action involving a Turkish Kurdish family who were separated when attempting to cross the Channel. Before you continue reading this, I would recommend reading Colin’s excellent article on the interim order decision by the Court of Appeal, where he sets out...
The High Court has dismissed an appeal by the Home Secretary against an award of damages to a refugee in the amount of £98,757.04 in respect of her unlawful detention and breach of article 8 relating to the delay in granting her status. The case is Secretary of State for...
The Court of Appeal has allowed the Home Secretary’s appeal in a deprivation case involving the use of a false identity, but the appeal will now return to the Upper Tribunal which had not considered the article 8 rights of the appellant. This is the third of the recent appeals...
Once the Home Secretary concludes that a refugee is a danger to national security she is entitled to revoke his refugee status. She does not have to go on to consider whether there are less intrusive measures that could be applied. The Home Secretary’s national security decision can only be...
In two mammoth judgments, Fordham J has given detailed guidance about the duties owed to disabled people on immigration bail by the Home Office and local authorities. The two judgments, BLZ No. 1: R (BLZ) v Secretary of State for the Home Department [2025] EWHC 153 (Admin) and BLZ No.2:...
A care home operator has successfully challenged the Home Office’s decision to refuse a defined certificate of sponsorship request on the grounds that the care home could not provide official contracts for guaranteed hours of work to show that the jobs were genuine. The High Court’s decision in Hartford Care...
The Home Secretary’s appeal in a deprivation case has seemingly backfired as the Court of Appeal has held that the deprivation process being operated, where the affected person is not given an opportunity to make representations against the decision, is procedurally unfair. The case is Secretary of State for the...
The Court of Appeal has dismissed an appeal where it was argued that there had been procedural unfairness in a refusal of further leave to remain because the appellant had not been expressly told that his employer’s sponsor licence had been revoked. The appeal actually stemmed from refusal of a...
In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be applied in appeals against decisions of the Secretary of State to deprive a person of citizenship pursuant to section 40(3) of the British Nationality Act...
The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in removal cases. The case is R (Jasseh) v Secretary of State for the Home Department [2025] EWHC 47 (Admin). The claimant was issued with removal...
The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not have a bail address, which is what she was asking for by making the Schedule 10 application. The situation endorsed by the Court of Appeal...
What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the children be returned to France to be reunited with their parents there? Or should the parents be admitted to the United Kingdom to be reunited...
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 in the United Kingdom for twenty six years with no immigration status was not entitled to status on human rights...
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue to tell them that they cannot do this. The latest instalment is MTA, R (On the Application Of) v Secretary of State for the Home...
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case is MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin). Background MP1 worked as a criminal defence lawyer...
The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered that evidence be excluded, and then in response to that sought to withdraw the decision under challenge. The case is Maleci (Non-admission of late evidence)...
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a timely manner with the court. Mr Justice Fordham KC was considering the issue of permission in an age assessment judicial review against a local authority...
The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as belonging to a ‘particular social group’ and qualify for refugee status. This is as a result of a preliminary reference made to the Court by...
In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a...
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The...
An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is regularly encountered, but the use of which is shrouded in mystery”. As a result, he did not meet the requirements...
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 case is NC v Secretary of State for the Home Department [2023] EWCA Civ 1379. Background The appellant is...
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 with severe mental health issues. The case is FXJ v Secretary of State for the Home Department & Anor [2023]...
