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
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had
The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen
An appeal against the refusal of an asylum claim made by an Iranian man who sought to rely on his attendance at protests in the
In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving
In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers
The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in
The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to
The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to
The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The
The Court of Appeal has upheld a decision by the Special Immigration Appeals Commission to dismiss an appeal against the deprivation of British citizenship of
The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to
It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that
The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a
The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions.
On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement
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
The Court of Appeal has rejected the appeal against deportation of a woman who was sentenced to less than four years and who has lived
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of
In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”,
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an
The Court of Appeal has dismissed an appeal from Shamima Begum challenging the Special Immigration Appeals Commission’s decision that the deprivation of her British citizenship
We previously covered the High Court’s decision that routine redactions of junior civil servants’ names in judicial review disclosure was unlawful, and the Court of
In Zhou & Ors v Secretary of State for the Home Department [2024] EWCA Civ 81 the Court of Appeal has re-affirmed the high threshold
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write
In Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 the Court of Appeal has allowed the Home Secretary’s appeal
The Court of Appeal has rejected the Home Office’s appeal in a case involving denial of entry to the UK to the family member of
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 Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not
The Court of Appeal has agreed with the High Court and dismissed an appeal on a point of statutory interpretation regarding when the right of
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
The Court of Appeal has allowed an appeal from the Upper Tribunal (IAC) against the refusal of an asylum claim by an Iraqi man whose
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...
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had not first obtained a residence document under the Immigration (EEA) Regulations 2016. The case is Emambux v Secretary of State for the Home Department [2024]...
The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the...
In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving him an in-country right of appeal, by relying on a certification decision relating to his deportation in 2019 rather than issuing a new certification decision....
In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers should assess the seriousness of a crime in the context of deportation proceedings. This assessment is important because the more serious the crime, the greater...
The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in breach of the Immigration (Notices) Regulations 2003, the time limit for appealing does not start to run. The consequence of that in this case, R...
The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to work” is sufficient for the purposes of section 15(1) Immigration Asylum and Nationality Act 2006 when issuing an employer penalty notice. The case is Akbars...
The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to make the application again and request an extension of time. When he did so there was then incredibly another two year delay in the Court...
The Court of Appeal answers this question in the negative in Secretary of State for the Home Department v George [2024] EWCA Civ 1192. The case also contains some procedurama* about points which can be raised on appeal not previously taken and considers the applicability of points said to be...
The Court of Appeal has upheld a decision by the Special Immigration Appeals Commission to dismiss an appeal against the deprivation of British citizenship of a man who travelled to Syria and fought with a group aligned to Al-Qaeda. The case is B4 v Secretary of State for the Home...
The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to get leave to remain when applying after 1 July 2021. That decision is Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ...
It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did not amount to a relevant document for Appendix EU purposes, the protection of the Withdrawal Agreement was engaged because of...
The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions. The court also gave a brief reminder of the importance of counsel raising any issues with judicial conduct during the appeal itself. The case is...
On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that amounts to an imminent risk of inhuman or degrading treatment. The Court of Appeal judgment recognised the existence of a...
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for refusal where false representations are used) applies to an application which has been varied by a later application in which...
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part of an entry clearance application. The case is R (AB) v Secretary of State for the Home Department [2024] EWCA...
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024]...
In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”, unless they held indefinite leave to remain or had acquired permanent residence. This was confirmed last week by the Court of Appeal in R (on...
This was the central question which arose in the context of an unlawful detention claim, initially dismissed by the High Court in Johnson v Secretary of State for the Home Department [2022] EWHC 3120 (KB) and then again in the recently reported appeal in Johnson v Secretary of State for...
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an appeal in an asylum claim from an Iranian national. The case is FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ...
The Court of Appeal has dismissed an appeal from Shamima Begum challenging the Special Immigration Appeals Commission’s decision that the deprivation of her British citizenship was lawful. I recommend reading Colin’s write up of that SIAC decision. This decision is Begum v Secretary of State for the Home Department [2024]...
We previously covered the High Court’s decision that routine redactions of junior civil servants’ names in judicial review disclosure was unlawful, and the Court of Appeal has now agreed with that in R (IAB and others) v Secretary of State for the Home Department and Secretary of State for Levelling...
In Zhou & Ors v Secretary of State for the Home Department [2024] EWCA Civ 81 the Court of Appeal has re-affirmed the high threshold for challenging delays in decision-making by the Home Secretary and the scope of any appeal against a refusal to grant permission for judicial review. Background...
You know it’s bad when there are so many mistakes in your determination that the appellate court judge decides he is only going to write “[sic]” next to the really big ones. And even worse when this shade was thrown by LJ Underhill, Vice-President of the Court of Appeal, who...
The Court of Appeal has rejected the Home Office’s appeal in a case involving denial of entry to the UK to the family member of an EEA national on “public policy grounds”, where the person had a low risk of re-offending. The case is Secretary of State for the Home...
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]...
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...
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a...
The Court of Appeal has agreed with the High Court and dismissed an appeal on a point of statutory interpretation regarding when the right of abode was acquired through a person’s parent. The case is Indran Murugason, R (on the application of) v Secretary of State for the Home Department...
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 in relation to the appellant’s husband’s nationality. The case is Gurdeep Kaur v Secretary of State for the Home Department...
The Court of Appeal has allowed an appeal from the Upper Tribunal (IAC) against the refusal of an asylum claim by an Iraqi man whose claim was partly based on a risk of violence because of his relationship with his girlfriend. The case is ASO (Iraq) v Secretary of State...
