All Articles: Cases

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

More news on the re-entry ban

Liam Byrne, the Immigration Minister, has written to the Immigration Law Practitioners Association (ILPA) with some further clarification on the no return amendment to paragraph 320 of the immigration rules (see here, here and here for previous posts ...

14th April 2008 By

Highly Skilled Migrant Programme case succeeds

It was with considerable pleasure that I read in the paper this morning that the HSMP Forum has won its challenge to the Home Office’s heavy-handed and inconsiderate change to the HSMP rules. I could use stronger language, but I’ll leave ...

10th April 2008 By

Home Office appeals marriage rules ruling ruefully

JCWI have put out a press release stating that the Home Office has been granted permission to appeal to the House of Lords against the Court of Appeal judgment in Baiai. The press release does not appear on the JCWI website, however, so I’ve cop ...

6th December 2007 By

HS (Zimbabwe) result officially available

The official version of the determination, with explanatory headnote, has now been made available. Click here for link to the BAILII version. There will almost certainly be an application for permission to appeal. Whether that will be granted is far l ...

30th November 2007 By

Permission granted to HSMP challenge

Permission was granted today by Mr Justice Sullivan in a judicial review of the decision to retrospectively change the immigration rules on the qualifying criteria for settlement under the Highly Skilled Migrant Programme. The case will now proceed to ...

30th November 2007 By

Sudanese test case

It has taken me a while to get around to posting on the House of Lords judgment in the Sudanese test case, SSHD v AH (Sudan) [2007] UKHL 49. This might be at least partly explained by my not wanting to have to post on it, as if this act of omission wo ...

29th November 2007 By

HS Zimbabwe determination removed from AIT website

Since I posted last night about the outcome of the HS (Zimbabwe) test case (we lost) the AIT seems to have removed the determination from its website. However, by clicking here you can get hold of a copy I downloaded earlier, in the finest Blue Peter ...

26th November 2007 By

Zimbabwe test case result

Many thanks to the leaver of a comment left on an earlier post on HS (Zimbabwe) for this. The result of this important test case seems to have appeared with no fanfare on the AIT website, in the unreported determinations section. It isn’t yet l ...

25th November 2007 By

Country Guidance on Iraq

I heard a great story the other day about the country guideline case that had been listed to deal with the situation in Iraq and the new ‘serious harm’ definition in the EC Qualification Directive. I had wondered what had happened to this, ...

24th November 2007 By

Chindamo and European citizenship

There have been some excellent and well-informed posts about this case already in the legal blogging world, notably at Nearly Legal, Head of Legal and the prolific Jailhouse Lawyer. No-one has explained the rationale for why the relevant EC Directive ...

7th September 2007 By

Latest ticking off

The Court of Appeal has given the Asylum and Immigration Tribunal another good ticking off. The case is AG (Eritrea) v SSHD and, frankly, is probably of no interest whatsoever to anyone except geeky immigration lawyers such as myself. However, it̵ ...

10th August 2007 By

Latest on HS (Zimbabwe) test case

There have been a lot of hits on this site from people looking for news about the Zimbabwe test cases. The latest news is that last week’s hearing is now over. The panel consisted of Mr Ockelton (Deputy President of the Asylum and Immigration Tr ...

30th July 2007 By

Certificates of approval and the Baiai case

UPDATE 19/4/09: The Home Office has stopped charging for Certificates of Approval. They say their policy is under review and they say they are “carefully considering the implications for those who have already paid a fee and will shortly announc ...

7th July 2007 By

Quick Reads