Two Afghan nationals sought to appeal the High Court’s dismissal of their challenges to the Home Office’s decision to refuse their applications for relocation to
The Court of Appeal has overturned a refusal of permission by the Upper Tribunal in a judicial review claim where the appellant disputed receipt of
We now have the Court of Appeal’s written decision in R (CTK) v Secretary of State for the Home Department [2025] EWCA Civ 1264. This
The Home Secretary must carry out a review of the policy on refugee family reunion for child refugees under the now closed Appendix Family Reunion
The Home Secretary has won a deportation appeal in the Court of Appeal, overturning a 70 year old woman’s successful appeal against a refusal to
The Court of Appeal has overturned the grant of interim relief in the case of the hotel in Epping where the council sought, and at
The Home Secretary has successfully appealed a tribunal decision that when calculating the ten year period of continuity of residence for the purposes of deportation
The Court of Appeal has issued a welcome corrective to the tribunals, telling them not to impose an “unrealistic evidential burden” on asylum applicants who
An appellant who is a Yemeni national who has lived in China since he was one year old has lost his appeal against the refusal
The Court of Appeal has upheld a decision by the Home Office to refuse a certificate of travel to a woman granted leave to remain
The Court of Appeal has found that an error by the Upper Tribunal in failing to place a relevant document before the decision making judge
The Court of Appeal has once again asked the Home Office to please do something about the state of Appendix EU. The context this time
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary
The Court of Appeal has upheld a decision of the Upper Tribunal to allow the Home Secretary’s appeal against a First-tier Tribunal decision allowing the
The Court of Appeal has considered in Ackom v SSHD [2025] EWCA Civ 537 an appeal by a German national against deportation. The key point
The Court of Appeal has dismissed an appeal by an Albanian women in a protection claim where she initially succeeded in the First-tier Tribunal but
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
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
The Home Secretary has been only partially successful in the Court of Appeal in relation to Medical Justice’s challenge to the introduction of a policy
The Court of Appeal confirmed in Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025]
In the recent case of Butt v Secretary of State for the Home Department [2025] EWCA Civ 189, the Court of Appeal dismissed an appeal
The Court of Appeal has returned an appeal to the First-tier Tribunal to be determined for a third time after a series of errors made
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
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
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 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
Two Afghan nationals sought to appeal the High Court’s dismissal of their challenges to the Home Office’s decision to refuse their applications for relocation to the UK under the Afghanistan Response Route, the secret relocation scheme set up in response to the data breach in February 2022. In an OPEN...
The Court of Appeal has overturned a refusal of permission by the Upper Tribunal in a judicial review claim where the appellant disputed receipt of an email from the Home Office cancelling his leave. He had seemingly only discovered that the cancellation has been sent after he instructed solicitors to...
We now have the Court of Appeal’s written decision in R (CTK) v Secretary of State for the Home Department [2025] EWCA Civ 1264. This was the case where the High Court granted interim relief preventing the removal of an Eritrean man to France, prompting a change in the modern...
The Home Secretary must carry out a review of the policy on refugee family reunion for child refugees under the now closed Appendix Family Reunion (Sponsors with Protection) in line with her duty under section 55 of the Borders, Citizenship and Immigration Act 2009, having failed to do so previously....
The Home Secretary has won a deportation appeal in the Court of Appeal, overturning a 70 year old woman’s successful appeal against a refusal to revoke her 23 year old deportation order. Success was only on a narrow point though and the matter has been returned to the same tribunal...
The Court of Appeal has overturned the grant of interim relief in the case of the hotel in Epping where the council sought, and at first obtained, an order for the people being accommodated in the hotel to be moved out by 12 September 2025. The Home Secretary succeeded in...
The Home Secretary has successfully appealed a tribunal decision that when calculating the ten year period of continuity of residence for the purposes of deportation of an EEA national, time spent as the non-EEA national family member can be included. The case is Secretary of State for the Home Department...
The Court of Appeal has issued a welcome corrective to the tribunals, telling them not to impose an “unrealistic evidential burden” on asylum applicants who claim that they are subject to monitoring by their home government. The case is MH (Bangladesh) v Secretary of State for the Home Department [2025]...
An appellant who is a Yemeni national who has lived in China since he was one year old has lost his appeal against the refusal of humanitarian protection on the grounds that he can return to China, despite the absence of evidence that China would grant him entry. The court...
The Court of Appeal has upheld a decision by the Home Office to refuse a certificate of travel to a woman granted leave to remain on family grounds following an unsuccessful asylum claim. The claimant in R (KH) v The Secretary of State for the Home Department [2025] EWCA Civ...
The Court of Appeal has found that an error by the Upper Tribunal in failing to place a relevant document before the decision making judge brought the case within the very limited exceptions for a Cart judicial review to proceed. The substantive challenge, however, was dismissed. The case is R...
The Court of Appeal has once again asked the Home Office to please do something about the state of Appendix EU. The context this time was trying to understand what the rules say about the definition of a durable partner. The case is Mustaj v Secretary of State for the...
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary of State for the Home Department [2018] EWCA Civ 841” and reminded litigants of the need to make formal applications when wanting to amend...
The Court of Appeal has upheld a decision of the Upper Tribunal to allow the Home Secretary’s appeal against a First-tier Tribunal decision allowing the appeal of a Vietnamese national on humanitarian protection grounds. The court held that the First-tier Tribunal had not given sufficient reasons for finding the appellant...
The Court of Appeal has considered in Ackom v SSHD [2025] EWCA Civ 537 an appeal by a German national against deportation. The key point of contention was whether Mr Ackom would face ‘very significant obstacles to integration’ upon removal to Germany. The court considered the Kamara test in the...
The Court of Appeal has dismissed an appeal by an Albanian women in a protection claim where she initially succeeded in the First-tier Tribunal but that decision was later overturned by the Upper Tribunal. Her asylum claim was based on a risk on return from former clients of her husband’s...
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...
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...
The Home Secretary has been only partially successful in the Court of Appeal in relation to Medical Justice’s challenge to the introduction of a policy allowing caseworkers to refer medical evidence for a second opinion from the Home Office’s medical staff where they believed that standards were not being met....
The Court of Appeal confirmed in Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 184 that the Home Office is not under a duty to carry out an assessment of the impact of sponsor licence revocation. The...
The Court of Appeal has returned an appeal to the First-tier Tribunal to be determined for a third time after a series of errors made in a First-tier Tribunal decision was not dealt with by the Upper Tribunal. The court was clearly unimpressed, stating that “If the UT had carried...
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...
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...
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 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...
