All Articles: Cases

Asylum seekers must not be sent back to Italy if they face “extreme material poverty”

The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading tre ...

19th March 2019 By

Court of Appeal corrects country guidance on Ahmadis from Pakistan

In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKU ...

12th March 2019 By

Dublin III detention regulations comply with EU law

The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Dete ...

7th March 2019 By

Supreme Court has to remind tribunal self inflicted torture inherently unlikely

The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is ...

6th March 2019 By

Only standard damages for unlawfully detained rough sleepers

In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the importa ...

5th March 2019 By

Tribunal guidance on raising long residence during appeals process

The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fa ...

4th March 2019 By

High Court finds Right to Rent checks discriminatory in landmark judgment

Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination ...

1st March 2019 By

17 years and counting for an indefinite leave to remain decision

I acted for the appellant in the extraordinary case of Guled v SSHD [2019] EWCA Civ 92, in which the Court of Appeal ruled on the legal status of a deportation order made in 2002. 2002: deportation order made Even by immigration standards, Mr G had a ...

1st March 2019 By

Chief disciplinary judge calls in regulators over shambolic immigration litigation

The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment is Jetly & Anor v Secretary of State for the Home Department [2019] E ...

27th February 2019 By

Home Office consent required for appeal relying on new category of Immigration Rules

The upshot of the Upper Tribunal’s decision in AK and IK (S.85 NIAA 2002 – new matters) Turkey [2019] UKUT 67 (IAC) is that a person who relies upon a different category of the Immigration Rules to succeed under Article 8 at their appeal or in a s ...

27th February 2019 By

Extended family members: no residence card, no rights

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended fami ...

26th February 2019 By

Court can consider new evidence in challenges to “clearly unfounded” certificates

In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” c ...

25th February 2019 By

Dublin III family reunion for refugees who have become British citizens

In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, ...

21st February 2019 By

“Fairness” in immigration cases is overrated says Court of Appeal

Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness and the Points Based System, and in particular a decision of Mr Justice Blake in Patel (Revocation ...

20th February 2019 By

Don’t forget about Article 8 in asylum cases

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...

19th February 2019 By

High Court finds that bail accommodation system is broken, declines to intervene

R (AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) is about how long the Home Office is allowed to delay providing accommodation following the grant of bail in principle by the First-tier Tribunal. Unfortunately, the ...

15th February 2019 By

How to use the new country guidance case on Iranian Kurdish asylum seekers

Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild & Dyer has been presenting the Secretary of State for the Home Department with various reports by Professor Emile J ...

14th February 2019 By

Blocking deportation: seven tips for an appeal-proof tribunal judgment

The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free ...

28th January 2019 By

Home Office disclosure failings: “out of the norm”?

An integral part of the procedure of suing for damages is disclosure.  Where Home Office disclosure is inadequate or incomplete, it is necessary to go on pressing for compliance with rule 31 of the Civil Procedure Rules and for specific disclosur ...

25th January 2019 By

Home Office wins Turkish Ankara appeal rights case

In the case of R (Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin), Mr Justice Holman had granted the claimant’s judicial review on traditional public law grounds of unfair decision making. He had also held that the abo ...

24th January 2019 By

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