All Articles: Cases

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 2015 By

New Country Guidance case on Darfuris and Sudan

MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is state ...

12th January 2015 By

Litigants in person, costs, consent orders …and Hamlet

The case of R (on the application of Muwonge) v Secretary of State for the Home Department (consent orders: costs: guidance) (IJR) [2014] UKUT 514 (IAC) makes for interesting law and interesting reading. It is, apart from anything, the first case I c ...

21st November 2014 By

Dano and the exclusion of inactive EU citizens from certain non-contributory social benefits

When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling ...

19th November 2014 By

Right to citizenship? Supreme Court to decide

The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of ...

18th November 2014 By

Legacy cases “laid to rest” by Court of Appeal

Back in 2006, even before this blog first began and in the aftermath of his predecessor’s resignation, then Home Secretary John Reid declared that his department was “not fit for purpose”. A huge backlog of some half a million cases ...

14th November 2014 By

Tarakhel: another blow to the Dublin system

In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the lawfulness of returning asylum seekers to It ...

13th November 2014 By

The new Somalia Country Guidance: green lights and red lights

Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to Appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [20 ...

31st October 2014 By

Strasbourg decides important case on respect for family life

In the case of Jeunesse v. The Netherlands (Application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with her husband and three children. The case is particularly interesting ...

14th October 2014 By

Court of Appeal examines new human rights statute and rules

In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigra ...

13th October 2014 By

Nwaigwe (adjournment: fairness) [2014] UKUT 00418 (IAC)

In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds t ...

1st October 2014 By

New country guidance on North Korean asylum cases

In GP and others (South Korean citizenship) North Korea CG [2014] UKUT 391 (IAC) the tribunal concludes, to cut a long story short, that North Koreans can jolly well go back to South Korea whether they like it or not. Henceforth. Whereforeunto. Hereaf ...

25th September 2014 By

Reported immigration case on prospective family proceedings

Official headnote from Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC): Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was always the ...

25th September 2014 By

More case law on prison and protection against deportation in EU law

Official headnote for MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC): (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous ...

25th September 2014 By

Contrasting cases on grounds of appeal

In a fresh batch of cases from the reporting committee, two of those cases address the question of how grounds should be drafted, what constitutes an error of law and when permission should be granted. One of the cases concerns an appeal by a claimant ...

11th September 2014 By

Family visitor receives £125,000 damages for mistreatment by immigration officials

In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a family visitor. The case is Radha Naran Patel v Secretary of State for the Home Department [2014] EW ...

4th September 2014 By

HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409 (IAC)

The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant annualised drop in the number of security incidents … the most likely development is that the leve ...

15th August 2014 By

Genuineness test for entrepreneurs and new evidence on appeal

The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based Syste ...

12th August 2014 By

Marghia (procedural fairness) [2014] UKUT 366 (IAC)

Rather harsh but perhaps inevitable decision by Mr Justice Haddon Cave on a student left in the lurch when the start date for her course was changed at the last minute. International students really do get a raw deal from the rigidities of our increas ...

12th August 2014 By

Useful case (Pope is Catholic) [2014] UKUT 00000

The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues in immigration and asylum law still out there on which judges, lawyers and litigants ne ...

24th July 2014 By

Proxy marriage and domicile

The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attendin ...

21st July 2014 By

Conditional discharge is not a conviction. Duh.

Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reac ...

18th July 2014 By

Difference between domestic and EU law on deportation

The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but ...

17th July 2014 By

New Libya Country Guidance asylum case

Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for ...

16th July 2014 By

Legal Aid residence test found unlawful. Big time.

No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by Parliament) and unlawfully discriminatory. The judgment includes some choice wording. What follows ...

15th July 2014 By

Detained fast track as presently operated unlawful

In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and conclude ...

15th July 2014 By

Discretionary registration of children as British

In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to review a decision to refuse to register as a British citizen a 14-year-old who had been settled with Indefini ...

14th July 2014 By

Court of Appeal judgment critical of expert commenting on refusal letter

In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert wi ...

10th July 2014 By

No recourse to public funds challenges

R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the Immigration Rules at Appendix FM paragraph D-LTRPT 1.2 ...

1st July 2014 By

MORE evidential flexibility cases

Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential ...

27th June 2014 By

Update on Haleemudeen vs Edgehill

Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 Free Movement write up and prediction here. And an upda ...

20th June 2014 By

Woman who temporarily gives up work for childbirth still a worker

Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the af ...

20th June 2014 By

Financial year for Appendix FM

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are disc ...

18th June 2014 By

Italy and Dublin: Tabrizagh test case

Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on any view bad news, there is much in it to consider. In a carefully reasoned and frank ...

16th June 2014 By

Refusal of legal aid held unlawful

In a big win for legal aid lawyers and their clients, the High Court has held to be unlawful the refusal of legal aid in six test cases and has additionally held unlawful the guidance applied by the Legal Aid Agency in refusing legal aid: It follows f ...

13th June 2014 By

Points Based System flexibility to be considered by Supreme Court

The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly reveal ...

12th June 2014 By

Useful case for partners of refugees seeking entry

In the fine case of Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC) the Upper Tribunal holds that the requirement in paragraph 352AA for partners of refugees seeking entry clearance for living together in a relationship akin to eithe ...

11th June 2014 By