The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European
The case of R (Suliman) v Secretary of State for the Home Department [2020] EWHC 326 (Admin) is a welcome reminder to the Home Office
In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against
The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to
The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) &
The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One
The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners
The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims
In the case of R (Karagul & Ors) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin), the High Court has found
Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she
Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human
What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK?
An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or
The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High
The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed
Campaigners have lost a High Court case challenging the “immigration exemption” to personal data rights. The judgment is R (Open Rights Group & the3million) v
The President of the Family Division has decided that the family courts have no jurisdiction to interfere with immigration control, even if they think it
Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It
A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was
This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention.
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were
Today, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against
Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC
The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to
The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now
The High Court has allowed a Home Office appeal arguing that it is not necessarily unlawful to put British citizens in immigration detention. The judgment
The co-founder of an immigration law firm has failed in a High Court bid to overturn Solicitors Disciplinary Tribunal sanctions for professional misconduct. Mr Justice
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide
The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of
In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful.
The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case
R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and
Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court
In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC)
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to
The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to remove to Bahrain. The case is A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC 323 (Fam). A has lived in the UK...
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). Background: the deport first, appeal...
In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against migrant victims of domestic violence and abuse. The rules required three years’ lawful residence in the UK to qualify for a student loan but failed...
The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to practitioners with clients who got married in Somaliland and wish to rely on that marriage for immigration purposes. Spoiler: that marriage is likely to be...
The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decided that healthcare protections for vulnerable detainees on the...
The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One such is the recent case of R v Secretary of State for the Home Department (Disclosure of Asylum Records) [2019] EWHC 3147 (Fam), which explored...
The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners who have long argued that the fee charged to register a child as British, which is set far above the administrative cost of processing applications,...
The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human trafficking who has claimed asylum might wait months or years for...
In the case of R (Karagul & Ors) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin), the High Court has found that the Home Office breached the principle of procedural fairness when refusing applications under the Ankara Agreement on the basis of bad faith or dishonesty....
Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Member States may detain the person concerned in...
Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required officials to ignore new evidence if it didn’t come from approved sources, was wildly unlawful...
What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK? The answer to this question depends on what attempts were made to send the decision to the person and whether this constituted “deemed service”. Deemed...
An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Department [2019] EWHC 2709 (Admin) is about the...
The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Admin) found that the department failed...
The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secretary of State for the Home Department [2019]...
Campaigners have lost a High Court case challenging the “immigration exemption” to personal data rights. The judgment is R (Open Rights Group & the3million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin). Paragraph 4, Schedule 2 of the Data Protection Act 2018 says that certain rights...
The President of the Family Division has decided that the family courts have no jurisdiction to interfere with immigration control, even if they think it is necessary to protect a girl from female genital mutilation (FGM). The most they can do is to ask the Home Office to refrain from...
Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Yuri Mendes) v Secretary of State for the Home Department [2019] EWHC...
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was unfair. PN v Secretary of State for the Home Department [2019] EWHC 1616 (Admin) is the latest in a series of cases about the consequences...
This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention. They are R (Muasa) v Secretary of State for the Home Department [2017] EWHC 2267 (Admin) and R (TM (Kenya)) v Secretary of State for...
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation. Charles Bourne QC, sitting as a deputy High Court judge, explains that receipt of a suspension letter presents a...
In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the important Gureckis judgment of December 2017, the High Court had ruled that...
Today, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and nationality grounds. Mr Justice Martin Spencer has handed down a damning verdict excoriating the government,...
Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination in breach of the European Convention on Human Rights. The Joint Council for the...
The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment is Jetly & Anor v Secretary of State for the Home Department [2019] EWHC 204 (Admin). The circumstances of the case are baffling even when laid...
R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to delay providing accommodation following the grant of bail in principle by the First-tier Tribunal. Unfortunately, the answer given by the High Court is at least...
The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now made clear that this concession only applies to those who are already on the route to settlement as a partner in the case of FA...
The High Court has allowed a Home Office appeal arguing that it is not necessarily unlawful to put British citizens in immigration detention. The judgment in Home Office v TR & Anor [2019] EWHC 49 (QB) concerned an eight-month-old baby detained with his mother for almost a fortnight despite lawyers...
The co-founder of an immigration law firm has failed in a High Court bid to overturn Solicitors Disciplinary Tribunal sanctions for professional misconduct. Mr Justice Lavender rejected the appeal of Malik Mohammed Nazeer, a solicitor of over 21 years’ call, against a £20,000 fine and practice restrictions imposed by the...
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide a release address. The guidance on this issue provided by R (Diop) v Secretary of State for the Home Department [2018] EWHC 3420 (Admin)...
The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a claim that the government had a duty to consult...
In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful. The rate was previously set at £65 per week and was dramatically cut by 42% from 1 March 2018, to £37.75 per week (the...
The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case on the vexed issue of whether appeals against refusals of EEA residence cards are suspensive of removal (spoiler: no). I previously expressed grave reservations that...
R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s decision to revoke a company’s licence to sponsor non-EU citizens for work visas. It failed. The case was about the Tier 2 (General) visas...
This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), the High Court has ruled that...
Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court this summer demonstrate that this unusual version of British nationality is sufficiently valuable to encourage the pursuit of lengthy and expensive litigation against BOC passport...
In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC) can be stateless under the Immigration Rules if he or she has no other nationality. This is an interesting and pragmatic finding which highlights the...
Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under section 4(1)(c) of...
