All Articles: Cases

Migrants win improved access to personal data held by the Home Office

Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who hav ...

27th May 2021 By

Lawyers warned not to include brand new arguments in Cart judicial reviews

Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on grounds that were not before the Upper Tribunal in the first place. The case is Osefiso ...

25th May 2021 By

Man who won British citizenship by fraud gets to keep it thanks to Home Office inaction

An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary ...

24th May 2021 By

Criminality undermines strong private life case in deportation appeal

In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly str ...

20th May 2021 By

Sponsor changing job is not a reason to refuse a spouse visa

If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 11 ...

20th May 2021 By

Appeal judges grapple with gaps in lawful residence

In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a second decision letter which generated a right of appeal might have continued the appellant’s lawful residence when ...

19th May 2021 By

With remote hearings now routine, are out-of-country appeals still unfair?

In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw in the wind suggesting that it will be harder to argue the unfairness of out-of-country ap ...

17th May 2021 By

Prosecutions for assisting unlawful immigration in small boats cases: the key to acquittal

On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which will now be lifted. The appeal and subsequent acqui ...

17th May 2021 By

“Hand on the tiller” prosecution for assisting unlawful immigration fails

Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossin ...

14th May 2021 By

Court of Appeal considers unduly harsh deportation test (again)

The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Departmen ...

13th May 2021 By

£100 million investment visa loan scheme ruled legal after all

A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous U ...

12th May 2021 By

Windrush family priced out of UK win human rights challenge

In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interferenc ...

11th May 2021 By

Congolese man unlawfully detained for three and a half years

To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In this case I think that principle became lost to sight. So says the High Court in the case of Louis v Home Office [ ...

10th May 2021 By

Judges can decide after the hearing whether an out-of-country appeal is fair

Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable f ...

6th May 2021 By

How important are FGM Protection Orders in asylum claims?

Readers may be forgiven for thinking that, where the Family Court finds that a person is at risk of female genital mutilation and makes a Female Genital Mutilation Protection Order (FGMPO), it will feed into the asylum consideration process. Not so. O ...

5th May 2021 By

Fresh blow to “no recourse to public funds” scheme

Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ...

4th May 2021 By

Interjacent overstaying may count in 10-year long residence application

In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year l ...

30th April 2021 By

Good character requirement unlawfully applied in Windrush cases

From ‘Citizens of the UK and Colonies’, to ‘Commonwealth Citizens’, to ‘subject to immigration control’: the legislative erosion of the Windrush generation’s British citizenship rights is laid bare at paragrap ...

27th April 2021 By

Home Office can’t just ignore potential persecution even if there is no asylum claim

The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for insta ...

23rd April 2021 By

British citizenship, polygamy and paternity

Huson v Secretary of State for the Home Department (Entry Clearance Officer) (Rev 1) [2021] EWHC 885 (Admin) looks like a case about a 19-year- old’s entitlement to the right of abode. We don’t see many right of abode cases these days, mai ...

22nd April 2021 By

Home Office can make exceptions to rules stopping asylum seekers working

The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made. The case is R (C6) v Secretary of State for the Home Department (asylum seekers ...

22nd April 2021 By

Stripping someone of refugee status doesn’t mean they can be deported

The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and EU law does not prevent that person from continuing to be a ...

21st April 2021 By

Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of ...

19th April 2021 By

System for investigating deaths in immigration detention declared unlawful

In R (Lawal) v Secretary of State for the Home Department (death in detention, SoS’s duties) [2021] UKUT 114 (IAC), the Upper Tribunal has decided that the Home Office’s policies on the death of immigration detainees are contrary to its proced ...

15th April 2021 By

Confirmed: no right of appeal where limited instead of indefinite leave is granted

When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held President Lane of the Upper Tribunal last year in the case of Mujahid [2020] UKUT ...

7th April 2021 By

Social workers can get settled status for EU kids in care without parental consent

Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitall ...

1st April 2021 By

Court of Appeal criticises ambiguous language in immigration tribunal judgments

In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’ ...

31st March 2021 By

When is a month not a month?

Time is definitely a relative concept, a new Upper Tribunal decision suggests, examining the issue of what constitutes a “month” for the purposes of the Immigration Rules on long residence. The case of Chang (paragraph 276A(a)(v); 18 months?) [202 ...

25th March 2021 By

Belarusian man in limbo since 2003 wins permission to remain in landmark case

In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had been in the UK on immigration bail since 2003. The fundamental question fo ...

23rd March 2021 By

Censure of lawyers over asylum camp case shows difficulty of systemic litigation

The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at a converted military barracks holding asylum seekers, but concluded that the case was not serious enough to wa ...

22nd March 2021 By

Three win appeals against losing British citizenship

The Special Immigration Appeals Commission (SIAC) has allowed the appeals of three people who were deprived of their British citizenship following allegations that they had travelled to Syria and posed a threat to national security. The case is C3, C4 ...

22nd March 2021 By

Supreme Court reiterates that a refugee cannot be removed until claim is assessed

The Supreme Court has reiterated that — for now — UK law prohibits removal of a person “who can be understood to seek refugee status” and who has an outstanding asylum claim or appeal. The case is G v G [2021] UKSC 9 and invol ...

19th March 2021 By

When does having a partner disqualify you from keeping a parent visa?

The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63 (IAC) has provided helpful clarification on when having a partner can disqualify someone fr ...

19th March 2021 By

Witness to state murder gets second chance to argue for asylum

In CM v Secretary of State for the Home Department [2021] CSIH 15, the Inner House overturned previous findings that a person who witnessed a state murder in their home country was not in danger because they had not (and would not) report the matter t ...

9th March 2021 By

Shamima Begum loses case in Supreme Court

Shamima Begum has lost her case in the Supreme Court. This means that she will not be able to return to the UK to argue her main case about whether she should or should not be deprived of her British citizenship. But her main case remains outstanding ...

26th February 2021 By