The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction
In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need
The Court of Appeal has given judgment in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, providing further guidance on the law relating to the
The Court of Appeal has overruled both immigration tribunals and found that members of the Tamil Tigers who were detained but escaped are at risk
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier
BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned
The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree
From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal –
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that
The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v
The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear
In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of
The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the
The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See
In a dense judgment that more than once has caused me to question my will to live the Court of Appeal has held that it
The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way
The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011]
In a judgment just out, Zambrano v ONEm Case C-34/09 the EU Court of Justice seems to have held that the parents of a child who
The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British
The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been
The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to
HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went
Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five
Supreme Court press release here and judgment here. The reasoning is remarkably short: the Court simply disagrees with Laws LJ on the ordinary and natural
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH
There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary
The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the
UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell
Further to my earlier posts on this, the judgment in Mahad and Others [2009] UKSC 16 (as it can now be called) is now available on
Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the
[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of
[UPDATE: see later post] News just in, more to follow tomorrow, if there’s anything to say. AM (Somalia) was heard and allowed today. I’m currently
Do not be fooled by the first judgment in AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 by Lady
The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first identified an error of law in the decision. In this case, the Upper...
In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’s ambiguity on a crucial piece of evidence was enough...
The Court of Appeal has given judgment in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, providing further guidance on the law relating to the deportation of foreign criminals, and in particular on the meaning in section 117C(4) of the Nationality Immigration and Asylum Act 2002 of “lawful residence”, “social...
The Court of Appeal has overruled both immigration tribunals and found that members of the Tamil Tigers who were detained but escaped are at risk of persecution in Sri Lanka. The judgment in RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 betrays the...
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual background DW has a number of serious criminal...
BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against deportation orders on Article 8 grounds. It overturned a McCloskey J and UTJ Perkins decision in the Upper Tribunal that allowed the appeal from a...
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC).
...There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decision allowing the two conjoined appeals both by a...
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively overturning it in what had become a...
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of imprisonment interferes with rights of residence...
The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s duty toward unaccompanied minors, in particular her duty to trace family members, is not discharged by giving them leave...
In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (Returnees) Zimbabwe CG [2011]...
The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the tribunal itself to seek to secure that proper argument and how far the tribunal determination process can morph from an adversarial to an inquisitorial...
The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See the order here. The case of HM should no longer be followed as paragraph 2 of the order provides that: determination of the IAC...
The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way it reiterates the centrality of procedural fairness, especially in asylum cases. At the heart of the case is a challenge to an Immigration Judge’s...
The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011). All three judges lament the fact that they have to remit the case back to the tribunal for...
The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 finally addresses the weight to be given to the...
The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to cases of deliberate falsehood rather than accidental mistake. The case is AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773...
HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic one. Essentially, the question of whether future...
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘practising homosexuals’. A bit like the apocryphal ‘popular beat...
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719....
Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five years of residence under previous Directives does impart a right of permanent residence under the Citizens Directive (Directive 2004/38/EC). See paragraphs 81 to 93 and...
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the subject of a major...
There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now withdrawn seven year children policy,...
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than in respect of too tightly defining liability...
The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the day it was heard. Judgment is to follow. The case turns on the question of whether a recognised refugee who has now been granted...
UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell half the story. In essence, the 72 hour notice period for removals is to be waived in a wide range of cases and no-notice removals...
Further to my earlier posts on this, the judgment in Mahad and Others [2009] UKSC 16 (as it can now be called) is now available on the Supreme Court website [update: and on BAILII). It makes interesting reading for any immigration lawyer. I will pick out some of my edited...
Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the tribunal in AP and FP (Citizens Directive Article 3(2); discretion; dependence) India [2007] UKAIT 00048 and has found that in European Community free movement law,...
[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of 36 Bedford Row, one of the juniors in the case, for a more authoritative explanation of the 3rd party Supreme Court case, which I reproduce...
[UPDATE: see later post] News just in, more to follow tomorrow, if there’s anything to say. AM (Somalia) was heard and allowed today. I’m currently at the Hammersmith and Fulham Community Law Centre AGM so not much chance to deal with this properly right now. Word is that the Supreme...
Do not be fooled by the first judgment in AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 by Lady Justice Arden. She holds that the appeal should be dismissed, but is out-voted by the rest of the bench, Lord Justice Moore-Bick and Lord Justice...
