All Articles: High Court

Three individual claimants have succeeded in a judicial review claiming that they had been unlawfully accommodated at the former RAF base in Wethersfield. The court also held that the Home Office had unlawfully breached the Public Sector Equality Duty. The case is TG & Ors v Secretary of State for...

19th March 2025
BY Sonia Lenegan

A claimant seeking compensation under the Windrush Compensation Scheme after being denied entry to the UK and removed from the UK in July 1999 will have his application reconsidered after the High Court quashed the Home Office’s refusal. The case is R (Lee) v Secretary of State for the Home...

13th March 2025
BY Sonia Lenegan

The High Court has quashed a decision by the Home Office to refuse a trafficking claim on the grounds that the person had been kidnapped, which the decision maker said could not meet the trafficking definition. The case is R (AAM) v Secretary of State for the Home Department [2025]...

6th March 2025
BY Sonia Lenegan

The High Court has ruled that three Home Office decisions, each of which refused the claimant’s request for reinstated trafficking support via the Modern Slavery Victim Care Contract, were unlawful. Judgment was handed down in R (ETX) v Secretary of State for the Home Department [2025] EWHC 294 (Admin) on...

27th February 2025
BY Bryony Goodesmith

On 7 February the High Court gave judgment in the case of R (oao) APD v Secretary of State for the Home Department [2025] EWHC 246 (Admin). This was the first judicial treatment of section 4L of the British Nationality Act 1981, which was inserted by the Nationality and Borders...

26th February 2025
BY Alexander Finch

In our latest write up on the people seeking asylum who were on Diego Garcia there was mention of the case of KP, who was excluded from the arrangements to bring most people to the UK as he had criminal convictions, although he had also been recognised as being in...

25th February 2025
BY Sonia Lenegan

Emotions can run high in any litigation. In a case arising from unlawful detention, like Mlundira v Secretary of State for the Home Department [2025] EWHC 189 (KB), the stakes and emotions can be heightened. This case underlines how important it is to consider and respond to correspondence from the...

18th February 2025
BY James Packer

The High Court has dismissed an appeal by the Home Secretary against an award of damages to a refugee in the amount of £98,757.04 in respect of her unlawful detention and breach of article 8 relating to the delay in granting her status. The case is Secretary of State for...

11th February 2025
BY Sonia Lenegan

In two mammoth judgments, Fordham J has given detailed guidance about the duties owed to disabled people on immigration bail by the Home Office and local authorities. The two judgments, BLZ No. 1: R (BLZ) v Secretary of State for the Home Department [2025] EWHC 153 (Admin) and  BLZ No.2:...

5th February 2025
BY Alex Schymyck

A care home operator has successfully challenged the Home Office’s decision to refuse a defined certificate of sponsorship request on the grounds that the care home could not provide official contracts for guaranteed hours of work to show that the jobs were genuine. The High Court’s decision in Hartford Care...

29th January 2025
BY Jack Freeland

The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The claims were brought by individuals detained at Manston in autumn 2022 when there were widespread reports and concerns around overcrowding and very poor conditions, and...

17th January 2025
BY Jed Pennington

The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in removal cases. The case is R (Jasseh) v Secretary of State for the Home Department [2025] EWHC 47 (Admin). The claimant was issued with removal...

16th January 2025
BY Sonia Lenegan

A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation as part of their asylum support. The case is R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin)....

9th January 2025
BY Sonia Lenegan

An unrepresented claimant has been unsuccessful in her challenge to the Home Secretary’s decision to void her indefinite leave to remain application because she submitted a second application to the EU Settlement Scheme. The decision was not communicated to the claimant until it was disclosed during her appeal against the...

13th December 2024
BY Sonia Lenegan

A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning that a sixth decision will now need to be made. The Foreign Secretary unsuccessfully tried to conceal the names of the civil servants involved. Once...

12th December 2024
BY Sonia Lenegan

The High Court has dismissed a judicial review challenging the decision of the Home Secretary to refuse to grant indefinite leave to remain to the claimant, Jeanell Hippolyte, under the Windrush scheme. The case is Hippolyte v Secretary of State for the Home Department [2024] EWHC 2968 (Admin). Claimant’s background...

4th December 2024
BY Sonia Lenegan

The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment caused by the “no recourse to public funds” (“NRPF”) condition. The case...

27th November 2024
BY Sonia Lenegan

The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)....

18th November 2024
BY Sonia Lenegan

The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being...

8th November 2024
BY Sonia Lenegan

In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure Rules on expert evidence and in particular the need to make an application to rely on this as soon as possible. The case is R...

23rd October 2024
BY Sonia Lenegan

As the crackdown on sponsor licence compliance continues, in R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin) the High Court has considered another case involving the revocation of a care home operator’s sponsor licence. In contrast to previous revocation cases we looked...

23rd October 2024
BY Jack Freeland

In R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), the High Court ordered the defendant Home Secretary to release a detainee who was being detained pending the resolution of Proceeds of Crime Act proceedings against him in the Crown Court. It addresses the relatively...

1st October 2024
BY Alex Schymyck

In Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB), the High Court has awarded £203,995 to a victim of the abuse at Brook House immigration removal centre. The judgment is a vindication of the bravery of detainees who came forward to participate and give evidence...

25th September 2024
BY Alex Schymyck

A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...

27th August 2024
BY Sonia Lenegan

A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the evidence as to why the move was unsuitable because of his particular circumstances. In his case those circumstances were that he had won a scholarship...

26th July 2024
BY Sonia Lenegan

In a really interesting case, the High Court has held that issue estoppel prevents His Majesty’s Passport Office from refusing to issue a passport to an applicant, because of a finding made by the First-tier Tribunal that he is, in fact, British, despite the lack of evidence. That case is...

24th July 2024
BY Alex Piletska

The High Court has found that a decision to refuse to register a child as a British Citizen was lawful, despite the “barely stated” reasons given. The case is R (OBN (a minor) by his litigation friend ASM) v The Secretary of State for the Home Department [2024] EWHC 1833...

22nd July 2024
BY Sonia Lenegan

Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High Court hearing was due to take place over four days starting on 9 July 2024. Due to the election of a Labour government and their...

9th July 2024
BY Jed Pennington

The High Court has again confirmed that mandatory sponsor licence revocation is, indeed, mandatory. One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) brings consensus to the courts’ approach on the Home Office’s duty to undertake a wider...

9th July 2024
BY Jack Freeland

The High Court has held that the decision made by Suella Braverman not to implement recommendations made in Wendy Williams’ review into the Windrush scandal was unlawful. The recommendations specifically related to the creation of a Migrants’ Commissioner role and the review of the Independent Chief Inspector of Borders and...

26th June 2024
BY Sonia Lenegan

The High Court has said that it was not unlawful that a Kenyan refugee who had been trafficked to the UK as a domestic worker had to wait from August 2019 to April 2023 for a decision on her trafficking claim. The court also said that the delays within the...

13th June 2024
BY Sonia Lenegan

The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission hearing. This was the conclusion reached in Karim v Upper Tribunal (Immigration and Asylum Chamber) [2024] EWHC 1368 (Admin). The...

12th June 2024
BY Iain Halliday

Two claimants, the charity Refugee and Migrant Forum of Essex and London “RAMFEL” and Ms Adjei, have succeeded in a judicial review where it was held that the Home Secretary’s failure to provide people on section 3C leave with digital evidence of their status was unlawful. The case is R...

11th June 2024
BY Sonia Lenegan

In the latest and last judgment in some fairly complex litigation around the use of hotels to accommodation and other issues, the High Court seems to have finally got to a point with Kent County Council where they accept that they cannot get around the duty to find a placement...

10th June 2024
BY Sonia Lenegan

As the Home Office continues to step up enforcement action in the care sector, we have had another sponsor licence revocation decision involving a large care home operator successfully judicially reviewed in the High Court. In R (New Hope Care Ltd) v Secretary of State for the Home Department [2024]...

4th June 2024
BY Jack Freeland

A man who had lived in the UK for over 20 years and was married to a British national before the relationship broke down has been unsuccessful in his challenge to an entry clearance refusal on the grounds that he had not received the notice of curtailment. The case is...

22nd May 2024
BY Sonia Lenegan

The High Court has determined that the Home Secretary’s use of electronic monitoring was unlawful in respect of four claimants and the principles applied in the case will have a wider impact. The court also found that the Home Secretary can lawfully use data collected through electronic monitoring to decide...

21st May 2024
BY Sonia Lenegan

The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The case is R (DM) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2024]...

2nd May 2024
BY Sonia Lenegan

During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...

15th April 2024
BY Sonia Lenegan

The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of...

2nd April 2024
BY Francesca Sella
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