All Articles: Cases

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

AA (Zimbabwe) test case

The test case of AA (Zimbabwe), mentioned in previous posts, is being dropped by the Asylum and Immigration Tribunal in favour of another case, called HS (Zimbabwe). This is apparently because the AIT did not want to have to deal with argument about w ...

15th May 2007 By

Another judicial going over for the Asylum and Immigration Tribunal

I’m still catching up on a few developments while I was away over Easter, and have just read the Court of Appeal case of AH (Sudan) and Others v SSHD [2007] EWCA Civ 297, which came out on 4 April 2007. This is yet another Country Guideline case ...

12th April 2007 By

Sympathy for the AIT

I went for a drink last night with a couple of immigration lawyer friends and they had a lot less sympathy for the AIT than myself. Their line was that the AIT should stop making such politically inspired and illiberal decisions, and that the latest i ...

9th March 2007 By

Definitive Zimbabwe case overturned again

The Court of Appeal has yet again overturned the Asylum and Immigration Tribunal’s attempt definitively to establish whether a failed asylum seeker is at risk of ill-treatment by the Zimbabwe secret service at Harare airport following a forced ...

8th March 2007 By

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