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
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 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old
The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the
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
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
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
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
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
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
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.
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
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
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
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
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
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 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
The child of an EU national is only entitled to stay in the UK after Brexit if they are under 21 or dependent on their
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That
Potential victims of trafficking awaiting asylum support decisions during the first lockdown were wrongly denied the full payments to which they were entitled. So held
The High Court has decided it should not invoke its wardship jurisdiction in relation to missing and unaccompanied asylum-seeking children. In Article 39 v Secretary
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested
The High Court has found that the Secretary of State for Defence had not given full and adequate reasons and had acted contrary to its
The High Court has dismissed a claim for judicial review of a paid settlement sum of £103,501.21 under the Windrush Compensation Scheme on the grounds
The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from
An exploration of the different entitlements to family reunion for parents and siblings of refugee children and partners and children of adult refugees was recently
Despite strong public interest considerations in favour of respecting extradition agreements, the High Court has decided that a Polish national who came to the UK
The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in
The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with
In a colourfully-worded and expressive judgment, the High Court has found that challenges to the Home Secretary’s decision to refuse citizenship naturalisation applications can only
The High Court has rejected a challenge to the Home Office’s dysfunctional and chaotic accommodation system. The case is MQ, R (On the Application Of)
On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful.
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...
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...
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....
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,...
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...
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 &...
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...
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...
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...
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]...
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...
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...
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...
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...
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...
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...
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...
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...
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the High Court in FMA and others v Secretary of State for the Home Department [2023] EWHC 1579 (Admin), the latest...
Potential victims of trafficking awaiting asylum support decisions during the first lockdown were wrongly denied the full payments to which they were entitled. So held the High Court in R (on the application of PM) v Secretary of State for the Home Department [2023] EWHC 1551. The Claimant, PM, is...
The High Court has decided it should not invoke its wardship jurisdiction in relation to missing and unaccompanied asylum-seeking children. In Article 39 v Secretary of State for the Home Department [2023] EWHC 1398 (Fam), Article 39, a charity promoting and protecting the rights of children in England who are...
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. The case is MXK & Ors, R (On the application...
The High Court has found that the Secretary of State for Defence had not given full and adequate reasons and had acted contrary to its policy when considering an application for settlement in the UK by an individual working with the British embassy in Afghanistan. R (MKA) v Secretary of...
The High Court has dismissed a claim for judicial review of a paid settlement sum of £103,501.21 under the Windrush Compensation Scheme on the grounds of abuse of process as the amount offered by the government had already been accepted before pursuing the judicial review. The case is Vernon Vanriel...
The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from the intention of the policy as it was originally announced in September 2021. R (GA) v Secretary of State for the Home Department and Ors...
An exploration of the different entitlements to family reunion for parents and siblings of refugee children and partners and children of adult refugees was recently heard in a judicial review that highlights the barriers to family reunions in the immigration rules and the importance of safeguarding refugee children as increasing...
Despite strong public interest considerations in favour of respecting extradition agreements, the High Court has decided that a Polish national who came to the UK as a fugitive eight years ago will not be extradited. The case is Dobrowolski v District Court in Bydgoszcz, Poland [2023] EWHC 763 (Admin). Background...
The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the courts in Upper Tribunal permission to appeal decisions except in very limited circumstances. The decision is R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber)...
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel to another temporary hotel. R(HZ) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) leaves open the...
The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with the UK General Data Protection Regulation (GDPR). Only a week after the hearing, the judgment in R (on the application of the3million & Anor) v...
In a colourfully-worded and expressive judgment, the High Court has found that challenges to the Home Secretary’s decision to refuse citizenship naturalisation applications can only be challenged on grounds of irrationality. The judgment is R (Sandy) v Secretary of State for the Home Department [2023] EWHC 640 (Admin). The facts...
The High Court has rejected a challenge to the Home Office’s dysfunctional and chaotic accommodation system. The case is MQ, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 205 (Admin). The Claimant and her two young children had spent months in a hotel...
On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the no recourse to public funds (NRPF) condition, was the target of two judicial review claims brought on behalf of destitute...
