All Articles: Cases

Evidence by electronic means

An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As the tribunal comes close to saying, it is serendipitous that it should be here where this issue would ...

24th November 2011 By

Procedural fairness in asylum appeals

The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way it reiterates the centrality of procedural fairness, especially in asylum cases. At the heart of the ...

21st November 2011 By

Family return policy unlawful

NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 This case concerned a challenge to the decision of the SSHD to remove the Claimant, and her infant daughter, to Latvia on Third Country grounds. The challenge failed but the C ...

31st October 2011 By

Important new case on children

In a judgment handed down yesterday HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 following the guidance of the Supreme Court in the ...

26th October 2011 By

Home Office appeal in Quila dismissed

UPDATE: SEE LATEST POST. In a judgment just handed down the Supreme Court has by a majority dismissed the Home Secretary’s appeal against the Court of Appeal’s ruling in the case of Quila v Secretary of State for the Home Department [2011] ...

12th October 2011 By

Five years of immigration detention ruled unlawful

In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011) John Howell QC, sitting as a deputy judge of the High Court, held that the entire period of detention of an Algerian m ...

11th October 2011 By

More on Zambrano

I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the inf ...

6th October 2011 By

Unlawful retention of passport by ECO

The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important case that I was just too busy to write up at the time but to which a return is worthwhile. It con ...

5th October 2011 By

More reported tribunal cases

I’m a bit behind on tribunal determination updates, but here’s the latest batch of diktats reported cases. The first is interesting, the others somewhat less so, in that they do not seem to have a great deal of broader application. The r ...

30th August 2011 By

Turf war’s genesis

Pierce Glynn and Stephen Knaffler QC have broadened the path (pun intended*) with SL and Westminster City Council (The Medical Foundation and Mind intervening) [2011] EWCA Civ 954. The case concerns a failed asylum seeker who, following a period as ...

16th August 2011 By

Second appeal criteria tighter than expected

Mark Symes has posted an article over at the HJT Immigration Blog on a new case from the Court of Appeal on the ‘second appeal criteria’. The case is PR (Sri Lanka) & Ors v Secretary of State for the Home Department [2011] EWCA Civ 988 ...

15th August 2011 By

Important new case on costs

The Court of Appeal has given judgment in an extremely important new case on costs, R (on the application of Bahta & Ors) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 (26 July 2011). It specifically concerns the UK Bo ...

27th July 2011 By

More tribunal decisions

Another series of edictsreported cases has been handed down by the Upper Tribunal. Official headnotes and links to the BAILII judgments are included below. I’ve also thrown in another couple of cases that slipped out since the last big batch. We ...

18th July 2011 By

Batch of new tribunal decisions

The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple ...

30th June 2011 By

Strasbourg allows Somali test case

The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the ...

28th June 2011 By

Quila case live on web TV

[UPDATE: SEE HERE FOR OUTCOME OF CASE] Tune in to Supreme Court Live! on the web for live coverage provided by Sky News of the hearing in the Quila case in the Supreme Court. It kicks off at 10.30am this morning, 8 June 2011. This link takes you to th ...

8th June 2011 By

Shepherd Masimba Kambadzi v Secretary of State for the Home Department [2011] UKSC 23

The Supreme Court yesterday handed down judgment in the case of Shepherd Masimba Kambadzi v SSHD [2011] UKSC 23, in the Court of Appeal known as SK (Zimbabwe) v SSHD [2008] EWCA Civ 1204. For reference, the original High Court judgment by Mr Justi ...

26th May 2011 By

Shared burden in European cases

Quick heads up for an interesting post by Mark Symes on the HJT Training blog. In the recent case of Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011) the Court of Appeal rejected the argument that there is a shared b ...

20th May 2011 By

McCarthy judgment available

The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movem ...

5th May 2011 By

“Still the merry-go-round goes round, and round, and round again”

The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011). All three judges lament the fact that they have to remit the case back to ...

13th April 2011 By

New cases

A raft of cases has come out in the last week or so, so it is high time for a round up. I’ll start with two cases from the Court of Appeal followed by the headnotes from a series of mundane tribunal determinations. One wonders why some of these ...

4th April 2011 By

Lumba: Pyrrhic victory?

In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful to detain foreign prisoners under a secret policy which was the precise reverse of the publicly declared policy. However, ...

1st April 2011 By

Quila heads for Supreme Court

Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase ...

29th March 2011 By

Children, family tracing and section 55

Firstly, I should apologise for getting behind with my updates. I have nominally been on holiday this last week and my internet connection, perhaps fortuitously for my holiday, died unexpectedly half way through. Briefly, we have seen a major judgment ...

25th March 2011 By

Zambrano considered

[UPDATE: see new post on McCarthy] The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law and the future of unconditional European ...

22nd March 2011 By

Age assessment disputes and JR claims

A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners.  R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 concerns age dispute assessments ...

18th March 2011 By

New Zimbabwe Country Guidance out

The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only on Zimbabwean asylum claims but also on dealing with cases ...

14th March 2011 By

Damages denied for deprivation of permission to work

Mr Justice Collins has rejected a claim for damages by an asylum seeker who was kept waiting for over a year for a decision on his claim and whose application for permission to work was not decided by the Home Office. The case is R (on the applicatio ...

8th March 2011 By

Other Family Members issue referred to ECJ

The Upper Tribunal has finally referred the vexed question of the rights of ‘other family members’ (or ‘extended family members’ in the domestic EEA regulations) to the European Court of Justice. The reference was made by Mr Ju ...

4th March 2011 By

Refusal with no right of appeal revisited

This is a problem that has been addressed previously on the blog: what can be done when a person makes an immigration application but for technical legal reasons is not granted a right of appeal to the tribunal? See this previous post. The problem has ...

28th February 2011 By

Medical treatment case: look away now

This is stomach turning stuff, I’m afraid, and has left me quivering with anger. A new case on Article 3 has just been reported: GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC) The facts of the case and the medical eviden ...

24th February 2011 By

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribun ...

24th February 2011 By

Mirza and Daley-Murdock

Quick alerter post, to be amended later: judgment in R (on the application of Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161  is now available on BAILII and it looks like Mirza will follow soon. They were heard as c ...

23rd February 2011 By

Quila and the spouse visa age

There have been several quite distraught sounding commenters on my previous piece on the outcome of the Quila case, which is understandably causing confusion. I thought it might be useful to set out what I understand to be the current legal position. ...

23rd February 2011 By

Best interests of children: new Supreme Court case

The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 fina ...

1st February 2011 By

Tribunal catch up

There have been a few quite interesting tribunal determinations recently, which I have overlooked for various reasons. I thought it was high time for a catch up, otherwise I’ll never force myself to sit down and digest them. MJB (Inability to pr ...

26th January 2011 By

Returns to Greece unlawful, says Strasbourg

The European Court of Human Rights has just held that it is unlawful to send asylum seekers to Greece under what is widely known as the ‘Dublin II’ Regulation for their asylum claims to be processed there. The case is MSS v Greece and Belg ...

21st January 2011 By

IJs should not raise mandatory refusals themselves

Many thanks to David Chirico for showing me this case (who I understand was in turn tipped off by Muhunthan Paramesvaran at Wilson and Co), and to Seema Farazi (of Doughty Street) for arguing it. Why it has not been reported, one can only speculate. A ...

23rd December 2010 By

Major case on section 55

I’m a bit behind the times at the moment for all sorts of reasons (giving up blog, lots happening in immigration law, having first baby) and this is one of the important cases that slipped under my radar while I was away. In the case of R (on t ...

22nd December 2010 By

Quila appeal succeeds!

The Court of Appeal has declared unlawful the application of the increased spouse visa age to the appellants in the Quila appeal. The judgment is available now: Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 De ...

21st December 2010 By

Quick Reads