All Articles: Cases

Albanian/Kosovar deprived of British citizenship by Presenting Officer

In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section 40 notice on a witness in the case, thereby depriving him of his British ci ...

15th October 2009 By

Secret Sri Lanka policy emerges

In another development that would be shocking were we not so used to it by now, it has emerged that the Home Office has a secret policy not to return Tamils to Sri Lanka. This policy has existed since 25 April 2009 at least, which is the date of the l ...

7th October 2009 By

Post flight spouse

Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR. Before 2005, they were granted settlement straight away, on the grounds that this policy promoted integration. O ...

16th September 2009 By

Error not to adjourn

In the recent case of AK (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 941 the Court of Appeal held that an immigration judge had committed an error of law in failing to adjourn a hearing when the appellant had been ditched by hi ...

11th September 2009 By

HIV/AIDS cases

Permission to appeal to the Court of Appeal has been granted in at least three cases to look at the question of in what circumstances a person with HIV/AIDS might succeed in establishing a right to remain in the UK on the basis that their removal to a ...

6th August 2009 By

Sexual identity

An interesting judgment has been handed down today: NR (Jamaica) v SSHD [2009] EWCA Civ 856. It touches on a thorny issue on which I have to say some immigration judges have not exactly covered themselves with glory. Sadly, the Court of Appeal fails t ...

5th August 2009 By

Older dependent relatives

Just a quick post on this to highlight an extremely useful case that’s been handed down today. I’ve been horribly busy so the blog has been suffering a bit, I’m afraid. The case is ZB (Pakistan) v Secretary of State for the Home Depa ...

30th July 2009 By

Criminal offences and refugee status

There have been several important judgments from the Court of Appeal in the last few weeks. I’ve been very busy and having difficulty keeping up. However, I seem to have been struck down by piggy flu and find myself with time at home on my hands ...

16th July 2009 By

New PBS decision: not good news

No time for a proper post on this new case from the tribunal, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, so I’ll just paste in the headnote, which speaks for itself: i. The new-style Immigration Rules governing Tier 1 (Po ...

3rd July 2009 By

Fresh claims

This is becoming something of a hot topic, no doubt because of the number of Sri Lankan and Zimbabwean fresh claims that have been made recently because of changed circumstances in those two countries. The Court of Appeal has just issued a judgment on ...

25th June 2009 By

Right to work

There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to work for those who have made fresh asylum claims and have not received a decision within one year of their applic ...

17th June 2009 By

Bad guy or fall guy?

There has been a rush of cases in recent weeks on the subject of the Refugee Convention exclusion clauses. The exclusion clauses basically exclude some people from refugee status. In reality, human rights law has evolved to prevent removal if there is ...

8th June 2009 By

Permission to work for fresh asylum claimants

I recently wrote a post on fresh claims for asylum explaining what they are and summarising the criteria. New on this subject this week is ZO (Somalia) v SSHD [2009] EWCA Civ 442, in which the Court of Appeal holds that the same law on permission to w ...

29th May 2009 By

Odelola dismissed

Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of decision, not the date of the application. There is no presumption against retrospectivity. The Law Lords do not repeat Bu ...

20th May 2009 By

British citizens and refugee family reunion

In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and YY (Paragraph 352D – British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 w ...

6th May 2009 By

Certificates of Approval

Just a quick post to highlight the fact that charges are no longer made by the Home Office for Certificate of Approval applications. The other old requirements to get Certificates of Approval still apply and are covered in an old post on this blog. Th ...

22nd April 2009 By

Shifting goal posts

The Home Office do like to shift the goal posts. Sometimes this is because they lost another legal case and want to get around it, sometimes it appears to be for no reason at all and sometimes, just sometimes, it seems to be for clearly explained and ...

14th April 2009 By

Yet more unlawfulness

The Government’s disregard for the rule of law grows more and more alarming. I confine myself on this blog to immigration and asylum law, perhaps the most blatant area of disregard for the rule of law, but other examples abound in the news at th ...

16th March 2009 By

Case law round-up

There have been a number of recent determinations and judgments, not all of which quite justify a post all of their own, so I thought I would do a round-up. The case that prompted the round-up is GS [2009] UKAIT 00010. It is actually just a direction ...

25th February 2009 By

Long residence again

I posted on this relatively recently but another important judgment has just come out: ZH (Bangladesh) v SSHD [2009] EWCA Civ 8. The case is yet another good one from Lord Justice Sedley. The Court of Appeal find that the whole purpose of the 14 year ...

2nd February 2009 By

Insurmountable obstacles finally bite the dust

It was already clear but now it could not be clearer: you do not have to show that there are ‘insurmountable obstacles’ to your family joining you abroad in order to succeed in an Article 8 family life case. The new judgment in VW (Uganda) ...

20th January 2009 By

Presumption to detain declared unlawful

News just in: the Home Office’s secret policy of a presumption of detention in almost all deportation cases was this afternoon declared unlawful [judgment now available]. The current version of the Enforcement Instructions and Guidance, which in ...

19th December 2008 By

Permission to work for Legacy cases?

An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right to work for those caught in the Legacy backlog. It is called Tekle v Secretary of State for the Home Department [2008] E ...

11th December 2008 By

Zimbabwe case not to be appealed

The Home Office is apparently not going to appeal the recent Zimbabwean test case, RN (Returnees) Zimbabwe CG [2008] UKAIT 00083.* This strongly suggests that status will be granted to Zimbabwean asylum seekers who qualify and who receive decisions f ...

27th November 2008 By

Zimbabwe country guideline case allowed

This news will be welcomed by Zimbabweans in the UK. The decision in the latest test case, RN (Returnees) Zimbabwe CG [2008] UKAIT 00083 is now doing the rounds with immigration lawyers and will no doubt be properly published in due course on the A ...

18th November 2008 By

Waiting for Godot

A few higher court immigration cases came out recently, on which I will post in due course. One was HG & Ors v SSHD [2008] EWHC 2685 (Admin), in which Mr Justice Underhill grappled with the Legacy backlog and the five year wait faced by many Lega ...

11th November 2008 By

Reflection on Metock

It’s taken a while, and attendance on a training course, but I feel better equipped to comment on Metock and the tribunal’s two responses thus far, in the cases HB and SM. HB does indeed accept the ruling in Metock, which is in essence tha ...

4th November 2008 By

Proxy marriages

The Tribunal have just issued a determination holding that proxy marriages in Brazil must be recognised in English law. The case is called CB (Validity of marriage: proxy marriage) Brazil [2008] UKAIT 00080. There seem to be a lot of these Brazilian ...

30th October 2008 By

Expert apology

There has been a fascinating little story unfolding around a case called SD (expert evidence) Lebanon [2008] UKAIT 00078. The Guardian picked up the story and ran an article on it on Monday. Dr Alan George is a respected academic and a specialist in ...

29th October 2008 By

Landmark case on children

In the case of EM (Lebanon) v SSHD [2008] UKHL 64 the House of Lords looked at Article 8 again (having done so earlier this year as well) and delivered another landmark judgment. It is believed to be the first time in European legal history that a hi ...

28th October 2008 By

Third party support

[UPDATE: case overturned by Supreme Court] In a case called AM (Ethiopia) & Ors v Entry Clearance Officer [2008] EWCA Civ 1082 the Court of Appeal has just upheld the Asylum and Immigration Tribunal’s approach to the question of what lawye ...

21st October 2008 By

Metock rejected by Tribunal

Further to my last post on this subject, it turns out that my surprise was entirely justified, as a different and more senior panel of the tribunal has decided, basically, that Metock changes nothing and it should be business as usual. The case is SM ...

12th October 2008 By

Fee cheque bounces

Since the introduction of fees for immigration applications in 2003, the Home Office has become fanatical about collection of these fees. If the fee isn’t included with the application, no application is considered to have been made, so your lea ...

9th October 2008 By

Students who switch courses

I’ve just come across another good case from the Court of Appeal that came out over the summer while I was away: the fantastically named GOO and Others [2008] EWCA Civ 747. It is yet another example of a long and tarnished line of tribunal cas ...

29th September 2008 By

New policy in old ELR cases

I tried, but I just couldn’t think of a good title for this post. This is a follow up to an earlier post about some secret Home Office policies, some of which have now been published. A week or so ago, the Home Office published one of these prev ...

24th September 2008 By

Metock accepted by tribunal

It should not be a shock that the Asylum and Immigration Tribunal have in a case called HB (Algeria) just accepted the European Court of Justice decision in Metock. UK courts and tribunals are required to accept the ECJ’s judgments on the inter ...

23rd September 2008 By

New Home Office Article 8 policy

Shocker: the Home Office appear to have accepted what the Lords say in Chikwamba (see previous posts on the House of Lords cases themselves and then on the secret policies if coming to this fresh). The policy just published and now to be applied in al ...

18th September 2008 By

Good news from on high

The House of Lords have just issued four judgments today, three of which are good news for immigrants. The first is Beoku-Betts. In a surprisingly short judgment the Lords tell the Asylum and Immigration Tribunal to stop messing around and get on with ...

25th June 2008 By

Latest news on HS Zimbabwe

News just in from Mark Henderson, the barrister behind the Zimbabwe test case litigation, is that HS is appealing the negative decision of the tribunal in his case, which was used as a test case for all Zimbabweans currently in the UK.  Permission ...

5th June 2008 By

The case of N v The United Kingdom

I found it necessary to polish off a bottle of wine before writing this post (Charon QC would be proud, although Rioja it was not), for reasons I think are probably clear from reading it. It is not a pleasant subject. The European Court of Human Right ...

27th May 2008 By

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