All Articles: Cases

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

Two new cases on dishonesty in immigration applications

The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It is another example of an applicant with a driving conviction who ticked the ‘no’ box to th ...

10th June 2014 By

When is a rule not a rule? Students and veracity checks

This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was clearly answered by the Supreme Court in the case ...

6th June 2014 By

Lord Justice Moore-Bick in Francis v SSHD [2014] EWCA Civ 718

If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for w ...

3rd June 2014 By

Iranian conscript refugee denied British citizenship

Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had been tortured for his political beliefs and he was raised by his older siblings. When the time came for his compulsory militar ...

29th May 2014 By

Home Office presses to remove severely ill 6 year old child

A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely complex needs. For the last five years she has received highly specia ...

27th May 2014 By

Haleemudeen v Secretary of State for the Home Department

UPDATE: 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 The facts of Haleemudeen v Secretary of State fo ...

22nd May 2014 By

Shebl (Entrepreneur: proof of contracts) [2014] UKUT 216 (IAC)

Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such c ...

16th May 2014 By

Supreme Court: ILR not resurrected by revocation of deportation order

The Supreme Court has allowed the Secretary of State’s appeal against the Court of Appeal judgment in the case of R (on the application of Fitzroy George) v Secretary of State for the Home Department [2014] UKSC 28. The Court of Appeal’s j ...

15th May 2014 By

Upper Tribunal on permission, burden of proof, professional standards, etc

In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, mak ...

9th May 2014 By

Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC)

Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC) is a new case from the Upper Tribunal on the vexed issue of immigration applications the Home Office considers to be invalid. The tribunal takes the view tha ...

28th April 2014 By

Refugee Action wins case on behalf of destitute asylum seekers

The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’ raids on public transport hubs, the targeting of foreign students, the in ...

10th April 2014 By

New rules do not apply to old applications

The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that dat ...

9th April 2014 By

Court of Appeal grants permission on Article 3 and 8 health cases

Important grant of permission from the Court of Appeal in six linked cases addressing issues arising from D and N cases at Strasbourg and subsequent treatment by the UK courts. For some legal background see this earlier blog post. In granting permissi ...

8th April 2014 By

Best interests in the Supreme Court: a round-up of 2013

The Supreme Court considered the best interests principle in the immigration, asylum and nationality context twice during 2013.  Both cases continued the trend of the contraction of the principle in the higher appellate courts. ...

24th March 2014 By

Procedural fairness as an error of law

In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2 ...

19th March 2014 By

Risk for Christians in China “virtually negligible”

So says the immigration tribunal in the latest Country Guidance case of QH (Christians – risk )(China) CG [2014] UKUT 86 (IAC). ...

17th March 2014 By

Shahzad (Art 8: legitimate aim) Pakistan [2014] UKUT 85 (IAC)

Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully the distasteful, injudicious and simply impolite phrase “a run of the mill case” ...

5th March 2014 By

Good character and applications for citizenship

In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for Judicial Review of the Secretary of State’s decision to refuse naturalisation on grounds of ‘good ch ...

4th March 2014 By

New judgment on delays by Home Office in judicial review cases

The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements) (IJR) [2014] UKUT 104 (IAC)] now set out how it will deal with the v ...

3rd March 2014 By

No risk of persecution for gay men in India despite criminalisation

So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organis ...

21st February 2014 By

Pending Country Guidance case list

For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps because of the impossibility of the task but more likely because resources are being absorbed ...

20th February 2014 By

Supreme Court decides on third country returns

Any asylum practitioner is likely to come across cases where, rather than investigate the merits of an asylum claim, the Home Office seeks to return their client to a third country elsewhere in the European Union deemed under the Dublin II Regulation ...

19th February 2014 By

Costs in immigration judicial review cases

There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These also have wider significance for other public law cases, but immigration law is currently dominating p ...

12th February 2014 By

When is a refugee not a refugee?

You might be forgiven for thinking that when the United Nations High Commissioner for Refugees has already recognised an individual’s status as a refugee, national decision-makers would ordinarily follow suit. After all, UNHCR has unmatched expertis ...

10th February 2014 By

Evidential Inflexibility: SSHD v Rodriguez

In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility P ...

29th January 2014 By

CJEU: Dependency is a question of fact

In a new judgment in the case of Reyes v Sweden [2014] EUECJ C-423/12 (BAILII link) the Court of Justice of the European Union has addressed the question of whether a dependent family member must be involuntarily dependent in order to qualify for fre ...

27th January 2014 By

Home Office should not have special litigant status

This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably in this instance it was because of likely public interest in the final outcome rather than the ...

22nd January 2014 By

It’s official: CJEU says prison doesn’t count

When an EU citizen breaks the law of another member state, fundamental questions arise. How should European states treat EU nationals and their family members who have committed crimes? How can the principles of free movement and integration, which ar ...

20th January 2014 By

Atheism as grounds for asylum

Just a short one to observe that the Afghan atheist case is a truly great result. I haven’t myself heard of a case of an atheist getting asylum on that ground before. It is also fantastic to see the students at the Kent Law Clinic getting such a ...

14th January 2014 By

Gulshan (Article 8 – new Rules – correct approach) [2013] UKUT 640 (IAC)

It is sad when a judge tasked with deciding whether a British pensioner should live out his last days with his wife or without comments that this was a very run of the mill case Maybe for the judge. In which case the judge should consider his or her p ...

8th January 2014 By

Duty to give reasons

MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC) is a corker of a decision from the incoming new President of the Immigration and Asylum Chamber of the Upper Tribunal, Mr Justice McCloskey. It is well worth a detailed read. Here, I just set ou ...

6th January 2014 By

SD (military service – sexual identity) Turkey CG [2013] UKUT 612 (IAC)

Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes “sexual identity disorder”. (2) Homosexuality is regarded by the ...

2nd January 2014 By

Incompetence, neglect and failure to show due diligence

In the week before Christmas, at a time when national procrastination levels are at an annual high, the Home Office has had another warning about the need to get on with things when people are locked up.  Hot on the heels of JS (Sudan) v SSHD [2013] ...

18th December 2013 By

Detention unlawful when Secretary of State faffs around

One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention while the Secretary of State considers whether an exception to that Act applies. That is to say you ...

9th December 2013 By

Lord Justice Jackson in Pokhriyal [2013] EWCA Civ 1568

The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied. Source ...

5th December 2013 By

Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)

Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration ...

28th November 2013 By

Babajanov (Continuity of residence – Immigration (EEA) Regulations 2006) [2013] UKUT 513 (IAC)

(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. ...

26th November 2013 By

Supreme Court asks whether a miss is as good as a mile

Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number of important points affecting the way in which such Article 8 of the European Convention on Human Rights ‘fal ...

25th November 2013 By

Bali (Family member: 3 month visit) [2013] UKUT 570 (IAC)

A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), ...

22nd November 2013 By

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