Damages claim for asylum delay dismissed by Court of Appeal
30 November 2023
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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 dismissed a claim for damages against the Home Secretary for a five month delay in granting refugee status, following a
The Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded
This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme
The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British
It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy.
In BSG v R [2023] EWCA Crim 1041, the Court of Appeal quashed the convictions of a young Somali citizen, who suffered ‘a clear injustice’
In AB and NB v Secretary of State for the Home Department (PA/07865/20119), the First-tier Tribunal found that the United Nations Relief and Works Agency
The government was granted permission to appeal in the Rwanda litigation in July. This post provides an update on the current state of play ahead
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless
In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed
In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical
Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the
An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is
The Home Office has, following a judicial review challenge for two claimants of Duncan Lewis, published new modern slavery statutory guidance which no longer requires
Can a judge ignore part of a Home Office decision if their representative doesn’t mention it in court? No, said the Court of Appeal in
The child of an EU national is only entitled to stay in the UK after Brexit if they are under 21 or dependent on their
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That
The British Nationality (Regularisation of Past Practice) Act 2023 came into force on 29 June 2023. It inserts a new section 50B into the British
This post reflects on last week’s extraordinary Court of Appeal judgment on the Rwanda policy. You can read our initial take on this here. Appeal
The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for
The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short,
Potential victims of trafficking awaiting asylum support decisions during the first lockdown were wrongly denied the full payments to which they were entitled. So held
A Scottish Fatal Accident Inquiry has held that a number of defects in the system of working in Dungavel Immigration Removal Centre led to the
The High Court has decided it should not invoke its wardship jurisdiction in relation to missing and unaccompanied asylum-seeking children. In Article 39 v Secretary
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections)
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested
The unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the
The Upper Tribunal has set aside a decision of the First-tier Tribunal after finding the hearing was unfair because of the conduct of the judge
The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon
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]...
The Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded by flawed decision making on administrative review and in the subsequent judicial review. The case is R (Ozmen) v Secretary of State for the Home...
This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grounds for believing that the removal of any asylum seeker to Rwanda under...
The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s...
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a person’s refugee status, there is a right of...
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The case is R (NS) v Secretary of State for the...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a new contract with VFS Global. The case is Teleperformance Contact Ltd v Secretary of State for the Home Department [2023]...
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave as a student dependant. The case...
In BSG v R [2023] EWCA Crim 1041, the Court of Appeal quashed the convictions of a young Somali citizen, who suffered ‘a clear injustice’ after being ‘groomed, exploited and threatened’ [para 57] by a human trafficking gang in the UK. Background The applicant, “BSG”, had been convicted of possession...
In AB and NB v Secretary of State for the Home Department (PA/07865/20119), the First-tier Tribunal found that the United Nations Relief and Works Agency (UNRWA) was unable to provide “protection and assistance” to a severely disabled Palestinian child living in Lebanon. As a direct consequence of that he was...
The government was granted permission to appeal in the Rwanda litigation in July. This post provides an update on the current state of play ahead of the Supreme Court hearing. You can read Free Movement’s coverage of the Court of Appeal’s judgment here and here. In essence, the Court of...
A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the Home Department [2023] EWHC 2037 (Admin). The compensation scheme...
The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v Kent County Council and another [2023] EWHC 1953 (Admin), looks at what happens when local authorities don’t comply with their...
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied for an EEA residence card or family permit as their durable partner. That remains the case even if you would...
In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed to meet even her minimalist legal obligations to provide support to destitute asylum seekers. The details of the case make shocking reading, even for those...
In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower standard of proof in asylum appeals. WAS claimed to be at risk because of his involvement with MQM-London, a UK-based faction of a Pakistani political...
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home Department [2023] EWHC 1828 (Admin), a case addressing...
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A decision to the contrary would have come as something of a surprise as it was surely...
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used to describe the circumstances where an individual has suffered as a result of the wrongful operation (or non-operation) by the...
Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a panel that included Mr Justice Dove, the President of the Upper Tribunal (Immigration and Asylum Chamber). In Lata (principal controversial...
An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is R (on the application of SA) v Secretary of State for the Home Department [2023] EWHC 1787 (Admin). It is a striking example of a...
The Home Office has, following a judicial review challenge for two claimants of Duncan Lewis, published new modern slavery statutory guidance which no longer requires a potential victim of trafficking and modern slavery to produce ‘objective’ evidence corroborating a credible account of their experiences in order to receive a positive...
Can a judge ignore part of a Home Office decision if their representative doesn’t mention it in court? No, said the Court of Appeal in Shyti v Secretary of State for the Home Department [2023] EWCA Civ 770. The case The appellant, Mr Shyti, was challenging a decision to deprive...
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the High Court in FMA and others v Secretary of State for the Home Department [2023] EWHC 1579 (Admin), the latest...
The British Nationality (Regularisation of Past Practice) Act 2023 came into force on 29 June 2023. It inserts a new section 50B into the British Nationality Act 1981. Section 50B definitively and retrospectively confirms the British nationality status of all children born in the UK between 1 January 1983 and...
This post reflects on last week’s extraordinary Court of Appeal judgment on the Rwanda policy. You can read our initial take on this here. Appeal to the Supreme Court The government has already announced its intention to seek leave to appeal to the UK Supreme Court. The key issues that...
The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for refugees from Syria. The design of the scheme was therefore lawful. The case is R (on the application of Marouf) v Secretary of State for...
The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short, the Rwandan authorities are not yet reliably able to sort genuine from non-genuine refugees, and therefore there is too great a risk that genuine refugees...
Potential victims of trafficking awaiting asylum support decisions during the first lockdown were wrongly denied the full payments to which they were entitled. So held the High Court in R (on the application of PM) v Secretary of State for the Home Department [2023] EWHC 1551. The Claimant, PM, is...
A Scottish Fatal Accident Inquiry has held that a number of defects in the system of working in Dungavel Immigration Removal Centre led to the death of a 54-year old Chinese man which could have reasonably been avoided. A Fatal Accident Inquiry, similar to an inquest in England, is an...
The High Court has decided it should not invoke its wardship jurisdiction in relation to missing and unaccompanied asylum-seeking children. In Article 39 v Secretary of State for the Home Department [2023] EWHC 1398 (Fam), Article 39, a charity promoting and protecting the rights of children in England who are...
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections) (CG) [2023] UKUT 00117. PO considers the risk of persecution for political opponents following the election of Felix Tshisekedi in 2019, significantly narrowing the scope...
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. The case is MXK & Ors, R (On the application...
The unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently in relation to the Supreme Court case of HA (Iraq). The Court of Appeal has now published its judgment in Sicwebu v Secretary of State...
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules in human rights appeals. The Upper Tribunal has neatly encapsulated the current position in a recent case, Caguitla (Paragraphs 197...
The Upper Tribunal has set aside a decision of the First-tier Tribunal after finding the hearing was unfair because of the conduct of the judge and the failure to adjourn the case when the Home Office Presenting Officer raised concerns over her personal safety. The Upper Tribunal in MS (judicial...
The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), says: Background Ms Chimi was born in September 1977 in Cameroon. In 2000 she moved to France and formed a relationship....