Refugees can make backdated child tax credit claims
10 February 2022
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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
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
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive
When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference
The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS
The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction
Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be
A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim
Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong”
In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021,
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that
A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case
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....
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous appeal by the Passport Office: Secretary of State...
When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended” overstaying does not break continuous lawful residence) The maximum number of absences that someone can accrue over...
The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in R (KA) v Secretary of State for the Home Department [2021] EWCA Civ 1040. Issues in the case The first...
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of cases to grapple with what exactly...
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In...
The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first identified an error of law in the decision. In this case, the Upper...
Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the Home Department [2021] EWCA Civ 886 is yet another...
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, concluded Lord Justice Lewis, giving the unanimous...
A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home Department & Anr [2021]...
The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply cocaine. During the trial, the Single Competent Authority — the arm of...
Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is...
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021]...
In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly strong” claim due to criminal offending and time in...
In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a second decision letter which generated a right of appeal might have continued the appellant’s lawful residence when she pursued that opportunity to appeal, despite the...
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which...
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossing, he did not claim asylum here in the UK...
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an...
A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous Upper Tribunal decision that...
