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
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
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
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka)
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision
In R v AAD, AAH, and AAI [2022] EWCA Crim 106, handed down on Thursday 3 February 2022, the Court of Appeal (Criminal Division) has
The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting
In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member,
In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application
When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made
A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held
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...
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...
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....
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secretary of State for the Home Department [2022]...
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492,...
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in the courts is likely to be very difficult. This is what we learn from the Court of Appeal’s decision in R (Amin) v Secretary of...
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & Another v Secretary of State for the Home...
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofar as the policy purports to comply with ECAT. It went...
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum support was not unlawfully discriminatory. The facts The...
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the UK. Their claims were certified, meaning...
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur place activities: risk) Sri Lanka...
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] EWCA Civ 145. In so finding, the court confirmed the reasoning...
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees to financial support for children, the Court of Appeal in England and Wales has agreed with their colleagues in Scotland:...
In R v AAD, AAH, and AAI [2022] EWCA Crim 106, handed down on Thursday 3 February 2022, the Court of Appeal (Criminal Division) has outlined avenues to appeal against criminal convictions for victims of trafficking who are confirmed as such after conviction. Immigration practitioners should be aware of these...
The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord Justice Baker and Lady Justice Whipple held that the regulation allowing notice of citizenship deprivation to be placed “on file” is ultra vires the British...
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invalidity beyond biometrics Confirms that in most cases, invalidity (and...
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. The heavy lifting was done in the earlier...
In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member, hoping to stay in the UK with their EEA citizen sponsor, can do so when the sponsor only acquired that citizenship after the extended family...
In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at the time of the High Court...
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were discovered to have arrived in the UK concealed in a vehicle; still more will have made it in without being discovered. Small boat arrivals (practically...
A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to the public good” due to their conduct, character and associations. The Court of Appeal considered this provision in Hussain & Anor v Secretary of State...
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly harsh : Pakistan) [2020] UKUT 83 (IAC). Our unimpressed write-up of the...
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is the Supreme Court decision in...
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly politicised area of law. Unfairness takes many forms. It...
In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal involved a 52-year-old man, SM, who had been convicted of child...
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK...
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats. Challenge to five-year delay pending fraud investigation The case concerned a family who...
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an unaccompanied minor from Syria who...
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”? This is the issue considered by the...
When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s visa continues until the application is decided. An important and seemingly...
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considered in exceptional circumstances. It is presently contained...
A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the child’s otherwise stable home life....
