Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal suggests that it can, but unlawful employment or s.3C leave employment cannot.
Category Archives: Tribunal overturned again
Burmese Country Guidance case found legally flawed
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 ... Read more
Country Guidance on Burma unlawful
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 are therefore flawed. Full post and analysis to follow.
Acquiring and losing free movement rights
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 ... Read more
Significant step forward for young asylum seekers
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 ... Read more
Zimbabwe Country Guidance case overturned
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 ... Read more
Tribunal obliged to seek out representation in Country Guidance cases
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 ... Read more
Iraq Country Guidance Overturned
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 ... Read more
Segregation of immigration decisions
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 is unlawful for the Secretary of State to separate a decision to refuse to extend leave from a ... Read more
Procedural fairness in asylum appeals
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 ... Read more