The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office,
The Court of Appeal has given further guidance on the convoluted and badly drafted statutory presumptions on human rights in UK law. Trying to make
If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught
The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012
Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the
Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26
The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that
Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an
BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against
In the case of Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 the claimant was a Pakistani national aged 70. She
The Court of Appeal has in the case of Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 rejected the Home
Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal. Unsurprisingly. A student was convicted for driving with excess alcohol and also
The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a
In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that
In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question
Background The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of
The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the
Jeremy Corbyn may be having a tough time since becoming leader of the Labour Party, but he can at least take some satisfaction in getting
UPDATE 26/2/16: permission to appeal from the Court of Appeal has been granted so the Court of Appeal judgment will not be the last word.
The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On
In Greenwood (No. 2) (para 398 considered) [2015] UKUT 629 (IAC), the “Empire Strikes Back” style sequel to Greenwood (Automatic Deportation: Order of Events) [2014] UKUT 342
The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines
The Court of Appeal has given judgment in the test case on the meaning and effect of the “deport first, appeal later” provisions of the
Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the
It turns out that Zayn Malik, formerly of One Direction, knew how to quit while he was ahead. It is a rare talent not universally
In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines
The Court of Appeal turns its attention to the admission of family members outside the requirements of the Immigration Rules in the case of Secretary
In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected
Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in
Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it?
Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to
The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an
In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect
The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter...
The Court of Appeal has given further guidance on the convoluted and badly drafted statutory presumptions on human rights in UK law. Trying to make sense of interlocking provisions in the UK Borders Act 2007, the Immigration Rules as amended (and amended and amended) and the Immigration Act 2014, the...
If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun and imprisoned, do not be surprised that only the most exceptional circumstances will save you from deportation. This was all...
Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as...
Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26 April 2016). Essentially, the Court holds that the claimant would have to agree to an age assessment by means of a dental X-ray in order...
The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but in recent years we have seen some very low quality and controversial costs decisions at first instance in the Administrative...
“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the...
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan)...
BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against deportation orders on Article 8 grounds. It overturned a McCloskey J and UTJ Perkins decision in the Upper Tribunal that allowed the appeal from a...
Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal. Unsurprisingly. A student was convicted for driving with excess alcohol and also for driving without due care and attention. He was made subject to a community order with an unpaid work requirement and a requirement to...
The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a judge who refuses permission for an application for judicial review on the papers and it prevents the applicant from seeking an oral hearing. There is...
In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law. The facts Two cases were linked for the purposes of this judgment....
In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question of whether waiting for the outcome of an application for legal aid funding made to the Legal Aid Agency is sufficient justification...
Background The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in...
The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter...
UPDATE 26/2/16: permission to appeal from the Court of Appeal has been granted so the Court of Appeal judgment will not be the last word. Supreme Court grants our client @publiclawprojct permission tochallenge racially discriminatory Residence Test: https://t.co/hw46QnTnWZ — Bindmans LLP (@BindmansLLP) February 26, 2016 In Public Law Project v...
The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no...
In Greenwood (No. 2) (para 398 considered) [2015] UKUT 629 (IAC), the “Empire Strikes Back” style sequel to Greenwood (Automatic Deportation: Order of Events) [2014] UKUT 342 (IAC), President McCloskey gives guidance on the correct approach to consideration of deportation appeals. This is a hotly contested and highly politicised area...
The case of Home Office v VS [2015] EWCA Civ 1142 discloses continued concerns about Home Office treatment of refugee children and sets clear guidelines on limits of power to detain children. The child was represented in the Court of Appeal by Stephanie Harrison QC and Shu Shin Luh of...
The Court of Appeal has given judgment in the test case on the meaning and effect of the “deport first, appeal later” provisions of the Immigration Act 2014. The case is R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015] EWCA Civ 1020...
Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same...
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the...
In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention Action [2015] EWCA Civ 840. The Home Office...
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a right of appeal against refusal on an immigration application. The Court of Appeal addresses this issue in the case of...
The Court of Appeal turns its attention to the admission of family members outside the requirements of the Immigration Rules in the case of Secretary of State for the Home Department v SS (Congo) [2015] EWCA Civ 387. The judgment came out in April and I omitted to write it...
In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention where the prospects of effecting return depend upon...
Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision...
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents that have to be consulted, the...
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who,...
Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it? The answer, according to Court of Appeal in Singh v Secretary of State for the Home Department [2015] EWCA Civ 74, is the ‘old’ Rules,...
Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the amendment to the habitual residence test in November 2012. In Sanneh & Ors v Secretary of State for Work and...
The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert...
In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 has upheld Collins J’s finding that the Exceptional Case Funding (‘ECF’) scheme has been operated unlawfully, while allowing...
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigration Rules. The court concludes that the new regime...
