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 has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of
The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the
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’
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 WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower
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
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 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 unduly harsh test in deportation cases has been subject to litigation for years and we have written about it in several articles, most recently
The appeal of C3 and C4, two British women who travelled to Syria to join the Islamic State in Iraq and the Levant who were
A recent appeal concerning third country national’s right to continue residing in the UK after divorce from an EU national and release from prison was
The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not
Yesterday, the Court of Appeal handed down a judgment dealing with applications for permission to appeal on grounds refused by the High Court. An annex
On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for
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
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
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
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
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
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
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
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...
The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings in the First-tier Tribunal due to late disclosure by the Home Office. The case is Kanhirakandan v The Secretary of State for the Home Department...
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal’s consideration of the case. This case...
The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the offence of arriving (or attempting to arrive) in the UK without entry clearance, contrary to section 24(D1) of the Immigration Act 1971. The offence was...
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...
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 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...
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...
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 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...
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...
A recent appeal concerning third country national’s right to continue residing in the UK after divorce from an EU national and release from prison was dismissed by the Court of Appeal. The case is Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414. The appeal pre-dated...
The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not open to partners of Points Based System dependants, even if they have in fact suffered domestic abuse. The case is SWP v Secretary of State...
Yesterday, the Court of Appeal handed down a judgment dealing with applications for permission to appeal on grounds refused by the High Court. An annex to yesterday’s judgment lists the grounds granted permission by the High Court. Permission to appeal The additional grounds granted permission in yesterday’s judgment include: First,...
On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be prosecuted for arriving in the UK without valid entry clearance and for assisting unlawful immigration, contrary to sections 24(D1) and 25(1) of the Immigration Act...
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 provides helpful guidance on the standard of proof in asylum claims, credibility and the role of the...
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the UK without a valid entry clearance. The case is R v. Mohamed and others. The appeal was brought on behalf of four Sudanese defendants who...
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30. For those who don’t know, the House of Lords held in Chikwamba v Secretary of State for the...
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...
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...
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....
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...
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...
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...
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...
