All Articles: Cases

Stripping people of British citizenship without telling them is definitely illegal – for now

The UK government’s attempt to strip a British-Pakistani woman of her citizenship without telling her was unlawful, a split Court of Appeal has confirmed. Lord Justice Baker and Lady Justice Whipple held that the regulation allowing notice of ci ...

27th January 2022 By

Uncertainty persists for Zambrano carers following Court of Appeal ruling

The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] E ...

26th January 2022 By

Upper Tribunal revisits “marriages of convenience”

This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now returned to this topic in the recent decision of Saeed ( ...

26th January 2022 By

British citizenship can be taken away if criminal offending not disclosed

The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after submitting the application. The case is Walile (deprivation: self-incrimina ...

24th January 2022 By

High Court dismisses concerns about legal aid in detention centres

The High Court has thrown out a challenge arguing that the free legal advice given to migrants in detention centres is rubbish. Mr Justice Calver held that statistical evidence that many legal aid firms provide a poor service was unreliable and that & ...

18th January 2022 By

Inflexible biometrics policy for refugee family reunion declared unlawful

In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that Home Office guidance on refugee family reunion applications is unlawful because it fails to accurately d ...

17th January 2022 By

Ethiopia still not safe for Oromo Liberation Front supporters, country guidance confirms

In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed substantially enough to allow a departure from previous country guidance. This is important because peop ...

17th January 2022 By

Students hit by immigration status processing delays entitled to student loans

The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled” in the UK on the first day of the first academic year of their course. To be settled in ...

13th January 2022 By

Slashing support payments to potential slavery victims defied clear policy

The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB) v Secretary of State for the Home Department [2021] EWHC 3417, the court held that the department un ...

12th January 2022 By

Human rights damages claims can be transferred from Upper Tribunal to County Court

The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transf ...

10th January 2022 By

Ex-partners don’t retain EU law residence rights after domestic abuse

Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before Brexit — specifically, retained rights of residence for “durable partners”. Mr Singh ha ...

10th January 2022 By

Court of Appeal game-changer for validity and continuous residence

Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invali ...

23rd December 2021 By

Seeking asylum isn’t illegal yet, criminal courts confirm, quashing small boat convictions

The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. ...

22nd December 2021 By

Restricted leave and Russian justice: when is refusing ILR irrational?

How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported? Since 2011, the restricted leave policy has sought to address that question. Restricted by name and restricti ...

22nd December 2021 By

No EU citizenship, no extended family members

In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member, hoping to stay in the UK with their EEA citizen sponsor, can do so when the sponsor only acquired that ...

21st December 2021 By

European Court of Human Rights considers fairness of remote hearings

In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness of conducting hearings remotely. In this case, the court found that the remote ...

20th December 2021 By

Windrush victims win citizenship rule waiver

Two victims of the Windrush scandal have won a High Court challenge arguing for citizenship law to be applied more leniently in special cases like theirs. Mr Justice Bourne held today that a seemingly inflexible provision of British nationality law re ...

16th December 2021 By

Home Office immigration bail powers upheld

In Kaitey v Secretary of State for the Home Department [2021] EWCA Civ 1875 the Court of Appeal has upheld the High Court’s decision that the power to set immigration bail exists even when a person cannot be lawfully detained. As Alex commented at t ...

14th December 2021 By

Carriers’ liability: what counts as an “effective system” of lorry checks?

Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were discovered to have arrived in the UK concealed in a vehicle; still more will have ...

13th December 2021 By

NHS charging: basing treatment decisions on immigration status is lawful

The High Court in R (OK) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 has rejected another challenge to the operation of the NHS charging regulations. This claim for judicial review was brought by OK, a Nigerian man living in England ...

10th December 2021 By

Man who has never left the UK avoids deportation after seven-year legal battle

A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal has decided. The case is Akinyemi v Secretary of State for the Home Department (unreported, DA/00574/2014). Rem ...

7th December 2021 By

Pakistani property tycoons excluded from the UK

A visit visa can be cancelled for a variety of reasons. One such reason is that the person’s exclusion from the UK is “conducive to the public good” due to their conduct, character and associations. The Court of Appeal considered this provision ...

6th December 2021 By

The effect of deportation on children: Imran case reversed

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly ...

2nd December 2021 By

Supreme Court overturns expansion of benefits rights for EU citizens

The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...

1st December 2021 By

No costs awarded where claimant got interim relief but legal issues unresolved

In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying lega ...

30th November 2021 By

Cessation, Article 3 and removing refugees from the UK

In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead ...

29th November 2021 By

The meaning of “admissible” in statelessness cases

In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applicat ...

29th November 2021 By

EU law still applies in legacy appeals under the EEA Regulations

Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in bre ...

26th November 2021 By

Court of Appeal tells SIAC to pay more respect to Home Office on national security

Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is t ...

26th November 2021 By

Reopening a finalised immigration appeal is actually pretty hard

It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly ...

24th November 2021 By

Early guilty plea saves 75-year-old woman from deportation to USA

The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last y ...

22nd November 2021 By

Upper Tribunal revisits issue of permission for video evidence from abroad

Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance ( ...

22nd November 2021 By

One month a reasonable time to source bail accommodation during pandemic

In R (Babbage) v Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the High Court found that a person with an extensive offending and adverse immigration history who posed high risks of re-offending and absconding was unlawfully det ...

18th November 2021 By

Upper Tribunal reminds everyone: this is not the place for new evidence

Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The m ...

16th November 2021 By

Reconciliation with victim a factor against deportation

In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal ...

9th November 2021 By

Fresh guidance on fresh claims

What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upp ...

3rd November 2021 By
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