Double win for refugees seeking backdated benefits
7 July 2021
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The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found
The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in
In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings
In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home
To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse
From ‘Citizens of the UK and Colonies’, to ‘Commonwealth Citizens’, to ‘subject to immigration control’: the legislative erosion of the Windrush generation’s British citizenship rights
Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) looks like a case about a 19-year-
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30
The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at
The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees
The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was
We get it: immigration law is tricky. Even so, C1 v Secretary of State for the Home Department [2021] EWHC 242 (Admin) is on another
A High Court judge has raised the prospect of contempt of court proceedings against the Home Secretary, Priti Patel, after her department breached a mandatory
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow
The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems.
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human
Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others)
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office
In April 2020, the Civil Procedure Rules were updated with significant changes made to the rules about witness statements filed by non-English speakers. The new
Judgment was handed down yesterday in the case of EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin), a significant decision
The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held
The High Court has ordered the Home Office to interview asylum seekers properly and remind its caseworkers about the correct legal test for kicking off
Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal
The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January
The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the
In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration
In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One
Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked.
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A
The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC...
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and invites representations. The second stage is issuing the...
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision in R (Secretary of State for the Home Department) v First-tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin) is said to affect at least...
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...
The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile conditions at Napier barracks, Mr Justice Linden found that the site did not meet minimum legal standards for asylum accommodation; nor did the process for...
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary of State confessed to the court that she was not sure...
In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw in the wind suggesting that it will be harder to argue the unfairness of out-of-country appeals in future. Background: arguments...
In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interference” with the right of a...
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW...
From ‘Citizens of the UK and Colonies’, to ‘Commonwealth Citizens’, to ‘subject to immigration control’: the legislative erosion of the Windrush generation’s British citizenship rights is laid bare at paragraphs 1-5 of R (Howard) v Secretary of State for the Home Department [2021] EWHC 1023 (Admin). Anyone with an interest...
Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) looks like a case about a 19-year- old’s entitlement to the right of abode. We don’t see many right of abode cases these days, mainly because since 1 January 1983 the only...
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitally important message given that...
The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at a converted military barracks holding asylum seekers, but concluded that the case was not serious enough to warrant referral to the solicitors’ regulator. Instead the...
The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration removal centres (“IRCs”). In a significant loss for...
The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud [2021] NIQB 6. Background Mr Mahmud, 42, is a...
We get it: immigration law is tricky. Even so, C1 v Secretary of State for the Home Department [2021] EWHC 242 (Admin) is on another level and is probably best summarised by this GIF: Math Calculate GIF from Math GIFs The gist of the decision is that the Home Office...
A High Court judge has raised the prospect of contempt of court proceedings against the Home Secretary, Priti Patel, after her department breached a mandatory injunction. Mr Justice Chamberlain made the ominous comments in the case of Mohammad v Secretary of State for the Home Department [2021] EWHC 240 (Admin). ...
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in releasing detainees. The case is R (Habeb) v Secretary...
The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of absconding and serious criminal convictions, despite detention already lasting well over a year. The case is Singh v Secretary of State for the Home Department...
The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the Home Department [2021] EWHC 54 (Admin)...
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human trafficking, the High Court held today. The policy will now have to be reworked to make clear that there is a discretion to allow asylum...
Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin) the High Court has finally and emphatically recognised this. The judgment will surely...
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office couldn’t be held responsible for an eight-month delay in finding immigration bail accommodation for a high-risk offender. The court instead found that pandemic disruption was...
In April 2020, the Civil Procedure Rules were updated with significant changes made to the rules about witness statements filed by non-English speakers. The new rules are of obvious interest to immigration lawyers and Diamond v Secretary of State for the Home Department [2020] EWHC 3313 (Admin) is an early...
Judgment was handed down yesterday in the case of EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin), a significant decision on the obligations of the Home Office to potential victims of human trafficking. The claim successfully challenged the Home Office policy which failed to provide...
The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the Upper Tribunal’s guidance leans too heavily in favour of deciding cases on the papers rather than having a hearing, a...
The High Court has ordered the Home Office to interview asylum seekers properly and remind its caseworkers about the correct legal test for kicking off an investigation into human trafficking. Mr Justice Fordham granted the interim relief, or temporary holding measures, pending a full hearing in the case next month....
Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal with day in, day out! Nevertheless, there are some still cases where the Home Office’s arguments are so outrageous, it really makes your blood boil....
The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has kept many indefinitely detained by the Home Office or has...
The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticism. The decision in R (Soltany)...
In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh principles. This is an unsurprising result, since that...
In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detained since December 2019, had...
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWHC 1299, the High Court found the...
The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam) applies previously established principles to a particular set of circumstances. It follows on...
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides an example of how judges should proceed in light of...
Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139 (Admin) looks particularly pointless. The claimant had an incredibly strong case and the judge allowed the claim with little hesitation. By allowing it to get...
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 (Admin). Mr Justice Swift found that although the Social...
