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
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
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
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,
The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted
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
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
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
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
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
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
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
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
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
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
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
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
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
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),
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
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
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
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
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 second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed
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
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,
As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to
The High Court has heard three Hamid referrals, two of which concerned asylum cases and one of those resulted in a referral to the Solicitors
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the
A new version of the modern slavery statutory guidance was published in January, adding some protections for people who are at risk of being disqualified
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject
In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a
Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due
The Home Secretary has been unlawfully operating a secret policy preventing victims of trafficking from being granted the leave that they were entitled to while
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...
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...
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...
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...
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)....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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]...
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...
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...
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]...
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...
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...
The High Court has heard three Hamid referrals, two of which concerned asylum cases and one of those resulted in a referral to the Solicitors Regulation Authority. Given the professional implications, any practitioner reading this should already be well aware of the Hamid jurisdiction, which is essentially a disciplinary process...
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin). Both appellants...
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue to tell them that they cannot do this. The latest instalment is MTA, R (On the Application Of) v Secretary of State for the Home...
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case is MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin). Background MP1 worked as a criminal defence lawyer...
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the basis that it was not supported by the evidence that had been provided in support of the application. The case is R (MA) v Secretary...
A new version of the modern slavery statutory guidance was published in January, adding some protections for people who are at risk of being disqualified from trafficking support due to a public order offence. These changes were made following the Home Secretary’s concession of a judicial review challenge to guidance...
The High Court has quashed decisions refusing leave to two journalists under the Afghan Relocations and Assistance Policy, known as ARAP. ARAP governs the circumstances in which the UK will grant leave to relocate to the UK to people who are at risk because they worked for or alongside UK...
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears to have been resolved in the Home Secretary’s favour. In R (TMX) v London Borough of Croydon & Anor [2024]...
In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the Supreme Court does not act as an barrier to deportation on the basis that the appeal has not yet been finally determined. Background In 2007,...
The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a timely manner with the court. Mr Justice Fordham KC was considering the issue of permission in an age assessment judicial review against a local authority...
Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due to several non-compliance issues. The High Court has now handed down its judgment in Supporting Care Ltd, R (On the Application Of v Secretary of...
The Home Secretary has been unlawfully operating a secret policy preventing victims of trafficking from being granted the leave that they were entitled to while their asylum claim was pending. The case is XY v Secretary of State for the Home Department [2024] EWHC 81 (Admin). This article is a...
