All Articles: Cases

Points Based System hearing

[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like a masterclass in the morning from Michael Fordham QC, who led the assault on the vires of the entire P ...

25th May 2010 By

Permanent right of residence

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 Dir ...

25th May 2010 By

No notice removals suspended

No-notice removals have been suspended following a legal challenge brought by Medical Justice. The no-notice policy has been covered here previously and was the subject of a damning judgment by Mr Justice Collins when two children were taken from fo ...

23rd May 2010 By

ZN (Afghanistan) judgment handed down

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 meaning of the words ‘has been granted asylum’. ...

12th May 2010 By

Upcoming Supreme Court judgments

Quick alert courtesy of the Supreme Court website. Judgment in ZN (Afghanistan) is at last to be handed down tomorrow, and the Court is today starting a three day hearing of appeals against HJ (Iran) and HT (Cameroon) [2009] EWCA Civ 172, on the issu ...

10th May 2010 By

Stats

I’m up late this evening with plenty more work still do to, and like many bloggers (er, all of us, I suspect) will check my blog stats in idle moments. It’s all part of the narcissistic nature of the beast. An old colleague once teased me ...

30th April 2010 By

Misfeasance in public office

UKBA got away with an appeal against a finding of misfeasance in public office in the new case of Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453, but lost on the award of exemplary damages. In the course of judgment Lord Justic ...

28th April 2010 By

Removals to war zones

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 su ...

27th April 2010 By

Sea change needed on detention

A sea change is needed on the detention of foreign nationals in the United Kingdom. Periods of detention have grown and grown in recent years. The Home Office never ask ‘should we detain this person’, they merely ask ‘can we detain this person. ...

22nd April 2010 By

Major Article 8 case law

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 wi ...

16th April 2010 By

Permission to appeal in MS (Somalia)

Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention it. Permission was granted by the Court of Appeal in MS and others (family reunion: “in order to seek asylum”) Soma ...

13th April 2010 By

Human rights claims and rights of appeal

  BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right of appeal to the tribunal can only ever exist where an ‘immigration decision’ is made, as exhaustively and (a ...

12th April 2010 By

Greek case dismissed

The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal, though. No news on what will happen to other cases stayed behind Saaedi but they’ll probably stay stayed. Read ...

31st March 2010 By

Greek third country cases

The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner concluded that current asylum law and practice in Greece are not in compliance ...

18th March 2010 By

New Supreme Court judgement: exclusion clauses

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 ...

17th March 2010 By

Same day removals condemned

Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is called R (on the application of T) v Secretary of State for the Home Department [2010] EWHC 435 (Admin). As exp ...

12th March 2010 By

New long residence case

In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short g ...

11th March 2010 By

New fresh claims case

The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on the application of YH) v Secretary of State for the Home Department [2010] EWCA Civ 116 and it effectively superse ...

9th March 2010 By

Damning judgment on removal of children

Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s Third Country Unit (TCU) in detaining and removing children to supposedly safe third countries such as ...

19th February 2010 By

Mandatory refusals and contriving to frustrate

I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but it is worth highlighting. The case is SA (Pakistan) v SSHD [2009] EWCA Civ 1510 and concerns ...

18th February 2010 By

ECO loses in Supreme Court

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 ref ...

16th February 2010 By

3rd country cases

There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position. The Dublin II Regulation (not its official title) enables EU states to return an asylum seeker to the count ...

13th February 2010 By

Family life

I thought I’d highlight another case that came out before Christmas and which I didn’t have time to write up at the time. I’m sometimes asked where I find the time to write this blog. Today is a good example: I’ve prepped my ca ...

1st February 2010 By

Rule 320 case law

The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down ages ago, in April 2009. The case is MA (Nigeria) v Secretary of State fo ...

28th January 2010 By

More long residence case law

I’m back and even have time on my hands to do some catching up, as a three day case just went very short on me. Quite a lot seems to have happened in the last month. I thought I would start with the case of JO (Uganda) v Secretary of State for ...

27th January 2010 By

Good news in an HIV/AIDS case

This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowe ...

22nd December 2009 By

New removals policy

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 c ...

21st December 2009 By

New country guidance case

The case of TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 is next on the carousel. As can be seen from the title, it deals with the current situation on the ground in Sri Lanka since the military defeat of the LTTE in May 2009. The country ...

16th December 2009 By

New cases

The luggage carousel of the UK courts has deposited a collection of interesting new cases. I’ll take them one at a time. Probably the most important of these is KH (Afghanistan) v SSHD [2009] EWCA Civ 1354, a long-awaited decision from the Court ...

15th December 2009 By

Dependency a question of fact

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 ...

8th December 2009 By

Spouse visa age challenge fails

The JCWI challenge to the increase to the spouse and partner visa age from 18 to 21 has been dismissed: Quila v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009). For previous coverage of this issue on Free Moveme ...

8th December 2009 By

Challenge to inclusion of Gambia on the White List

Permission has been granted in the case of R (on the app of Darboe) v SSHD [2009] EWHC 3100 (Admin) to challenge the inclusion of men in Gambia on the s.94 ‘White List’ of countries for which it is presumed any asylum claims are clearly u ...

30th November 2009 By

News from On High

The Supreme Court has ruled in favour of claimants in two immigration cases today. In R (on the application of A) v London Borough of Croydon their Lordships have ruled that it is for the courts to decide age assessment issues. The courts should not s ...

26th November 2009 By

Permission to work judgment

I’ve just seen that judgment is now available on BAILII* in a recent successful challenge to UKBA’s refusal to grant permission to work to those who are entitled to it following the Court of Appeal judgment in ZO (Somalia). More about the ...

20th November 2009 By

3rd party support: correction

[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 Supr ...

13th November 2009 By

Supreme Court allows 3rd party support

[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 ...

11th November 2009 By

Grounds of appeal in one stop appeals

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 ...

26th October 2009 By

Some refugees have more rights than others

In the recent case of MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 the tribunal looked at the refugee family reunion rules and came to the slightly surprising conclusion that not all refugees have th ...

19th October 2009 By

More on Metock

There has been a spate of big cases in the last few days. I’ll deal first with what is probably the most legally significant, ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060. In ZH the Court of Appeal have conf ...

16th October 2009 By

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

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