All Articles: High Court

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

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 return people seeking asylum to has been held unlawful. The case is A & anor v The Minister for Justice, Ireland and the Attorney General...

28th March 2024
BY Sonia Lenegan

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...

27th March 2024
BY Sonia Lenegan

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...

20th March 2024
BY Sonia Lenegan

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...

18th March 2024
BY Sonia Lenegan

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...

7th March 2024
BY Sonia Lenegan

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...

23rd February 2024
BY Sonia Lenegan

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...

9th February 2024
BY Sonia Lenegan

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...

6th February 2024
BY Keelin McCarthy

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]...

2nd February 2024
BY Sonia Lenegan

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,...

31st January 2024
BY Sonia Lenegan

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...

30th January 2024
BY Bilaal Shabbir

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...

29th January 2024
BY Jack Freeland

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...

24th January 2024
BY Sonia Lenegan

In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a...

19th January 2024
BY Jed Pennington

On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....

16th January 2024
BY Aiya Nakash

The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...

9th January 2024
BY Jack Freeland

The High Court has issued a damning interim relief decision with a laundry list of Home Office failures in a case challenging the detention of a potential victim of trafficking with mental health issues and several criminal convictions. The case is R (ER) v Secretary of State for the Home...

21st December 2023
BY Sonia Lenegan

The two district councils and local resident who brought a judicial review challenging the use of decommissioned Ministry of Defence sites at Wethersfield and Scampton to accommodate men seeking asylum have been unsuccessful in the High Court. The case is R (Clarke-Holland) v Secretary State for the Home Department &...

20th December 2023
BY Sonia Lenegan

The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The...

12th December 2023
BY Colin Yeo

The Home Secretary has conceded the claims of two former immigration detainees relating to a power outage at Harmondsworth immigration removal centre (IRC), a detention centre next to Heathrow airport. The Home Secretary not only paid both claimants substantial amounts in damages for unlawfully detaining them, but also declared that...

11th December 2023
BY Dominic Chambers

The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The case is R (NS) v Secretary of State for the...

31st October 2023
BY Gabriel Tan

It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a new contract with VFS Global. The case is Teleperformance Contact Ltd v Secretary of State for the Home Department [2023]...

19th October 2023
BY Sonia Lenegan

The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave as a student dependant. The case...

16th October 2023
BY Sonia Lenegan

A claimant wrongly given a deportation order couldn’t benefit from the Windrush Compensation Scheme because his indefinite leave to remain had already lapsed, the High Court has held in R (on the application of Thompson) v Secretary of State for the Home Department [2023] EWHC 2037 (Admin). The compensation scheme...

11th August 2023
BY Deborah Revill

The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v Kent County Council and another [2023] EWHC 1953 (Admin), looks at what happens when local authorities don’t comply with their...

3rd August 2023
BY Deborah Revill

In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed to meet even her minimalist legal obligations to provide support to destitute asylum seekers. The details of the case make shocking reading, even for those...

1st August 2023
BY John Crowley

A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home Department [2023] EWHC 1828 (Admin), a case addressing...

28th July 2023
BY Deborah Revill

An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is R (on the application of SA) v Secretary of State for the Home Department [2023] EWHC 1787 (Admin). It is a striking example of a...

20th July 2023
BY Deborah Revill

The Home Office has, following a judicial review challenge for two claimants of Duncan Lewis, published new modern slavery statutory guidance which no longer requires a potential victim of trafficking and modern slavery to produce ‘objective’ evidence corroborating a credible account of their experiences in order to receive a positive...

19th July 2023
BY Thomas Munns

A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived at Manchester Airport with a...

14th July 2023
BY Deborah Revill
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