Procedural errors should be remitted says Court of Appeal
22 November 2022
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The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision
The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais
Legal battles concerning appropriate accommodation for asylum-seekers are not limited to claims concerning the welfare of those seeking asylum. The High Court recently heard injunction
The Divisional Court has now published its judgment addressing the Home Office’s breach of the duty of candour in the mobile phone seizures case. It
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing
SGW is a UK-based refugee and Eritrean national. His brother, FGW, is a young person who was trapped in Libya until recently. FGW’s journey to
The Divisional Court has refused applications for habeas corpus made on behalf of two British women and their children detained in a camp in northeast
The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the
This is the story of what might be the longest-running appeal within the UK’s immigration appeal system. The story starts in rather ordinary fashion. AA
The Court of Appeal has ruled that the Home Office provided insignificant cash payments to asylum seekers with trafficking claims during the first lockdown. The
The Court of Appeal has granted an application made by a woman who was trafficked for the purposes of sexual exploitation, to quash her conviction
There is no good reason to treat victims of transnational marriage abandonment differently from victims of domestic abuse in the UK. So found Lieven J
In an unreported case, Upper Tribunal Judge Stephen Smith held that a proportionality assessment should happen in marriage of convenience cases. Secretary of State of
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in
There are a number of general and individual judicial review challenges to the government’s policy of removing asylum seekers to Rwanda. To recap, in April
The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before
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
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 High Court has quashed a decision to refuse entry clearance under the Afghan Relocation and Assistance Policy (“ARAP”) on national security grounds. Unfortunately, like
In the recent case of Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054; [2022] 7 WLUK 328, the Court of
The Grand Chamber of the European Court of Human Rights has held that France breached Article 3.2 of Protocol 4 due to the lack of
The appellant in ASA (Bajuni: correct approach, Sprakab reports) CG [2022] UKUT 00222 (IAC) argued that he was born and raised on the Island of
A ticked off Court of Appeal has refused another long residence appeal based on gaps in lawful residence, in a judgment full of digs at
Too often, we all see clients who are at the mercy of the local authority housing system and who are shifted about from accommodation to
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings.
Hubert Howard arrived in the United Kingdom in 1960, aged four. He was a citizen of the United Kingdom and Colonies back then and was
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation
A Syrian refugee who paid £440 to secure settlement appointments despite being heavily in debt has lost a High Court bid to get his money
The Court of Appeal has dismissed an Albanian woman’s judicial review challenge to a finding that she was not a human trafficking victim, holding that
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of
In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay
In a reasoned determination on costs, the High Court has found that a judicial review brought by seven West Midlands councils over unfair allocation of
Does exploiting a domestic worker through human trafficking and modern slavery constitute “exercising” a “commercial activity” for the purposes of the Vienna Convention on Diplomatic
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal
In SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828, the Court of Appeal has considered whether an asylum
The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision of the First-tier Tribunal. The case is AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512. Background AEB was convicted of...
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais (fairness and extended family members) [2022] UKUT 300 (IAC). You can read more about the cases of Celik and Batool here. In this case, the Upper Tribunal considered...
Legal battles concerning appropriate accommodation for asylum-seekers are not limited to claims concerning the welfare of those seeking asylum. The High Court recently heard injunction applications sought by local authorities against a number of hotels and third-party contractors after they potentially violated planning law when they agreed to house asylum...
The Divisional Court has now published its judgment addressing the Home Office’s breach of the duty of candour in the mobile phone seizures case. It is reported as R (HM, MA & KH) v SSHD [2022] EWHC 2729 (Admin). Earlier posts address the Divisional Court’s main judgment and order. Edis...
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing a false identity document. Elmi had not been advised that he could use the defence of a presumptive refugee under s.31 of the Immigration and...
SGW is a UK-based refugee and Eritrean national. His brother, FGW, is a young person who was trapped in Libya until recently. FGW’s journey to the UK has not been quick, safe or simple. In the case of R (SGW) v Secretary of State for the Home Department (Biometrics, family...
The Divisional Court has refused applications for habeas corpus made on behalf of two British women and their children detained in a camp in northeast Syria. The case is C3 and C4 v Secretary of State for Foreign, Commonwealth & Development Affairs [2022] EWHC 2772 (Admin). A writ is essentially...
The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the Afghan Relocations and Assistance Policy. The case of R (BAL) v Secretary of State for Defence [2022] EWHC 2757 (Admin) is a rare example of...
This is the story of what might be the longest-running appeal within the UK’s immigration appeal system. The story starts in rather ordinary fashion. AA arrived in the UK on the back of a lorry in early January 2009 when he was a child. He was a young Sunni Kurd...
The Court of Appeal has ruled that the Home Office provided insignificant cash payments to asylum seekers with trafficking claims during the first lockdown. The appeal was brought by the Secretary of State for the Home Department following a defeat in the High Court. The case is JB (Ghana), R...
The Court of Appeal has granted an application made by a woman who was trafficked for the purposes of sexual exploitation, to quash her conviction from November 2009. She was convicted for using a false identity document when attempting to travel to the Netherlands after she had fled her traffickers....
There is no good reason to treat victims of transnational marriage abandonment differently from victims of domestic abuse in the UK. So found Lieven J in the case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). Background Avid readers of...
In an unreported case, Upper Tribunal Judge Stephen Smith held that a proportionality assessment should happen in marriage of convenience cases. Secretary of State of the Home Department v Ms Dora Nketia (unreported) 11 Aug 2022 EA/04841/2019 concerns the approach to be taken under the Immigration (European Economic Area) Regulations...
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general situation for asylum seekers from several countries is determined by the Upper Tribunal in what are called Country Guidance (CG)...
There are a number of general and individual judicial review challenges to the government’s policy of removing asylum seekers to Rwanda. To recap, in April 2022 the government announced a Migration and Economic Development Partnership with Rwanda for the provision of “an asylum partnership arrangement”. Under this arrangement, asylum seekers...
The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin). Ordinarily, individuals applying for entry...
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. 5797/17), the court found that the Italian government had breached Articles 3 and 8 of the European Convention on Human...
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 a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and...
The High Court has quashed a decision to refuse entry clearance under the Afghan Relocation and Assistance Policy (“ARAP”) on national security grounds. Unfortunately, like all national security cases it is difficult to work out exactly why the Court decided the decision was unlawful. R (ALO) v Secretary of State...
In the recent case of Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054; [2022] 7 WLUK 328, the Court of Appeal turned its attention back to the EU law concept of “dependency”. The appeal was brought by an extended family member of an EEA national...
The Grand Chamber of the European Court of Human Rights has held that France breached Article 3.2 of Protocol 4 due to the lack of explanation for and independent scrutiny of decisions not to repatriate two French nationals living in camps controlled in north east Syria. The case is HF...
The appellant in ASA (Bajuni: correct approach, Sprakab reports) CG [2022] UKUT 00222 (IAC) argued that he was born and raised on the Island of Chula until he was 17. He was a citizen of Somalia and of Bajuni origin and therefore he was at risk of persecution on return...
A ticked off Court of Appeal has refused another long residence appeal based on gaps in lawful residence, in a judgment full of digs at the Home Office in Iyieke v Secretary of State for the Home Department [2022] EWCA Civ 1147. The court made no bones about the fact...
Too often, we all see clients who are at the mercy of the local authority housing system and who are shifted about from accommodation to accommodation with no real stability in their lives. This treatment only compounds the problems they already face following the reasons they fled their own country,...
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s decision in S & AZ first...
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK since 2007. She had a costs order of £400 made against her in 2014, following an unsuccessful judicial review. In September 2019 she made an...
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement law in the middle of a global pandemic – when people faced difficulty travelling, marrying, and getting advice from an immigration lawyer – was bound...
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU...
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings. So held the Court of Appeal in DJ (Pakistan) v Secretary of State for the Home Department [2022] EWCA Civ 1057, another case dealing with...
Hubert Howard arrived in the United Kingdom in 1960, aged four. He was a citizen of the United Kingdom and Colonies back then and was fully entitled to enter the country of his nationality. The law changed around him over the years but he carried on with his life, ending...
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected three linked Home Office appeals seeking to reinstate deportation orders. The previous cases were, in reverse order, SC (Jamaica), Sanambar,...
A Syrian refugee who paid £440 to secure settlement appointments despite being heavily in debt has lost a High Court bid to get his money back. The case is R (MS) v Secretary of State for the Home Department [2022] EWHC 1413 (Admin). Home Office policy says that applying for...
The Court of Appeal has dismissed an Albanian woman’s judicial review challenge to a finding that she was not a human trafficking victim, holding that those deciding her case had handled it with the correct level of “anxious scrutiny”. The case is R (LM (Albania)) v Secretary of State for...
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned in the process. The case is Safi and Others v Greece (application no. 5418/15). The human rights breaches didn’t stop...
In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay a detainee £17,500 for 40 days of unlawful detention caused by unreasonable delay in providing a release address. The figure is high for the length...
In a reasoned determination on costs, the High Court has found that a judicial review brought by seven West Midlands councils over unfair allocation of responsibilities for housing asylum seekers did not have a causal link to the eventual change in Home Office policy in this area. The case is...
Does exploiting a domestic worker through human trafficking and modern slavery constitute “exercising” a “commercial activity” for the purposes of the Vienna Convention on Diplomatic Relations 1961 such that it falls within the exception to a diplomat’s immunity from civil suit? When this arose several years ago in Al-Malki v...
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal notice. The appellant wanted to rely on the defect to argue that he had achieved ten years’ continuous lawful residence in the UK by operation...
In SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828, the Court of Appeal has considered whether an asylum seeker attending political demonstrations needs to be genuinely committed to the cause being promoted at the protest. Ultimately, genuine belief is relevant, but not decisive....