All Articles: Cases

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

Possible warning for tribunal?

Quick post to flag up a piece over on the HJT Training blog which may be of interest to Free Movement readers. It concerns a case where the High Court deals with the effect of a tribunal determination on those who were not parties to the case. In shor ...

21st December 2010 By

Round up

There have been two big developments in the last week or so: the ‘ending’ of child detention and the successful challenge to the temporary mad cap (as I link to think of it). On child detention, Alan Travis of The Guardian was clearly well ...

21st December 2010 By

Eliza Doolittle Exposed As Cockney Flower Girl Shocker

The methods and reports of controversial linguistic analysis company Sprakab, based in Sweden and used by UKBA in disputed nationality asylum cases, have been warmly endorsed by the tribunal in the case RB (Linguistic evidence Sprakab) Somalia [2010] ...

27th September 2010 By

New PBS cases

The tribunal has allowed two appeals on the basis that Pankina does not only apply to the three month rule and that all an applicant need do is comply with the requirements of the Immigration Rules themselves. See FA and AA (PBS effect of Pankina) Nig ...

6th September 2010 By

Rights of children a primary consideration

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Ri ...

12th August 2010 By

Post flight spouses of refugees

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country o ...

11th August 2010 By

Zimbabwe test case: RN affirmed

Plainly the ratio of HJ is not limited just to sexual orientation cases but will apply to all grounds covered by the Convention. I thought it might be interesting to start with that quotation from the paragraph 38 of TM (Zimbabwe) & Ors v Secretar ...

30th July 2010 By

No notice removals case

R (on the application of Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) should be a wake up call to civil servants at UKBA and Ministers in the new Government. The High Court declared unlawful the Home Office po ...

30th July 2010 By

Right to work for asylum seekers confirmed

The Home Office appeal to the Supreme Court in ZO (Somalia) [2010] UKSC 36 has been dismissed. This confirms that in cases where a fresh asylum claim has been made and no decision was reached for a year, the asylum seeker obtains a right to work unde ...

28th July 2010 By

More big cases

I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must suffice. Firstly, the Medical Justice challenge to no-notice removals has succeeded: R (on the application ...

27th July 2010 By

New rules sidestep Pankina and English UK

The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum ...

23rd July 2010 By

PBS decision not being appealed

The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers. More information and links if/when I get a chance. ...

21st July 2010 By

Domestic violence case

I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse to mention that now because the Court of Appeal has considered and rejected an appeal against findings by Immigration J ...

14th July 2010 By

Future behaviour and the Refugee Convention

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic ...

12th July 2010 By

English UK challenge successful

Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve actually read more or less everything now (iPad + public transport to far flung ...

10th July 2010 By

Big Gay Case Allowed

UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘prac ...

7th July 2010 By

Points Based System appeal succeeds

The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department ...

23rd June 2010 By

Withdrawing representation

I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter account. The Times reported a case called Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA ...

8th June 2010 By

Challenge to new language requirements

UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier 4 students. The challenge is being brought by English UK, a national associa ...

3rd June 2010 By

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

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