All Articles: Cases

Asylum right to work policy unlawfully overlooks trafficking victims

Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human trafficking, the High Court held today. The policy will now have to be reworked to make clear th ...

18th December 2020 By

Gay hairdressers can safely relocate in Algeria, Court of Appeal holds

On 14 December 2020, the Court of Appeal in YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 dismissed the asylum and human rights appeal of a young gay man from Algeria. Facts of the case YD had arrived in the UK aged 15 ...

17th December 2020 By

Supreme Court: no additional “exceptional circumstances” test in Zambrano deportation cases

In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that applies in EU law to protect a non-EU national carer from depor ...

16th December 2020 By

Is carrying a knife enough to get you deported?

Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted of such an offence is one of the ways a person can find themselves facing automatic depor ...

15th December 2020 By

High Court finally calls time on asylum accommodation delays

Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin) the High Court has finally and emp ...

15th December 2020 By

Eight-month delay in sourcing bail accommodation “reasonable” during pandemic

In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office couldn’t be held responsible for an eight-month delay in finding immigration bail accommodation for a high-r ...

14th December 2020 By

New Civil Procedure Rules on translating witness statements catch claimant out

In April 2020, the Civil Procedure Rules were updated with significant changes made to the rules about witness statements filed by non-English speakers. The new rules are of obvious interest to immigration lawyers and Diamond v Secretary of State for ...

9th December 2020 By

Major Upper Tribunal judgment on draft evaders and Ukraine

The Upper Tribunal has handed down a new country guidance decision on draft evaders from Ukraine, PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 (IAC). The judgment contains important guidance on the relationship between the Refug ...

7th December 2020 By

Home Office policy on leave to remain for potential trafficking victims found unlawful

Judgment was handed down yesterday in the case of EOG v Secretary of State for the Home Department [2020] EWHC 3310 (Admin), a significant decision on the obligations of the Home Office to potential victims of human trafficking. The claim successfull ...

4th December 2020 By

County Court takes dim view of Fast Track detainee’s false imprisonment claim

In Ali v Home Office EW Misc 27 (CC) [2020], the County Court robustly dismissed a false imprisonment claim brought by an Afghan refugee who was detained for 98 days under the Detained Fast Track process in 2015.  County Court cases are rarely report ...

3rd December 2020 By

UK breached European convention in deporting man without proper human rights assessment

It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t pr ...

25th November 2020 By

Appeal judges clash over false document rules

When is a “false document” not a “false” document? In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland held that a document cannot itself be dishonest. Dishonesty requires ...

25th November 2020 By

Non-binary identity can form basis of asylum claim, Upper Tribunal finds

A non-binary gender identity can form the basis of an asylum claim, the Upper Tribunal has expressly confirmed for the first time. The case is Mx M (gender identity – HJ (Iran) – terminology) El Salvador [2020] UKUT 313 (IAC). Background t ...

24th November 2020 By

Court of Appeal reverts to Home Office-friendly approach to service of decision letters

The Court of Appeal has decided in Alam v Secretary of State for the Home Department [2020] EWCA Civ 1527 that sending a decision letter to a person’s last known address will generally be sufficient proof that the letter has been received. To prove ...

23rd November 2020 By

UK-born murderer to be deported after renouncing British citizenship

A key tenet of UK deportation law is that British nationals cannot be deported: section 3(5) of the Immigration Act 1971. And yet, Sajid Zulfiqar, a man born British in the UK, will, barring any further appeals, be deported to the land of his fathers: ...

23rd November 2020 By

Pandemic rules for immigration appeals declared unlawful

The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the Upper Tribunal’s guidance leans too heavily in ...

20th November 2020 By

Deporting gay asylum seeker a violation of Article 3, human rights court finds

In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum seekers to countries where they risk persecution for their sexual orientation would violate the Art ...

19th November 2020 By

No procedural unfairness in refusing work visa where sponsor doesn’t engage

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an immigration application decided by the Home Office? Is it procedurally unfair for the Hom ...

18th November 2020 By

Man assured he wasn’t being deported is, in fact, being deported

When a client argues “but the Home Office told me…”, things usually go downhill pretty quickly. If it wasn’t in writing, it didn’t happen! Emiantor v Secretary of State for the Home Department [2020] EWCA Civ 1461 is a classic example of ...

17th November 2020 By

Human trafficking: High Court orders emergency fix to asylum screening interviews

The High Court has ordered the Home Office to interview asylum seekers properly and remind its caseworkers about the correct legal test for kicking off an investigation into human trafficking. Mr Justice Fordham granted the interim relief, or temporar ...

17th November 2020 By

No special protection against prosecution for trafficking victims outside Modern Slavery Act

In R v A [2020] EWCA Crim 1408, the Court of Appeal (Criminal Division) has confirmed that the creative use of the abuse of process jurisdiction to protect trafficking victims from prosecution is no longer necessary in light of the Modern Slavery Act ...

13th November 2020 By

Government can deport people who had successfully appealed against deportation

Last year, Nick wrote up the case of MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, summarising it as follows: If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even ...

4th November 2020 By

Strasbourg: removal of asylum seeker despite court order breached Article 3

The European Court of Human Rights has held unanimously that the removal of a Sudanese man by the Belgian authorities – in breach of a court order – violated his rights under Article 3 and 13 of the European Convention on Human Rights. The case i ...

3rd November 2020 By

The comeback continues: Court of Appeal blocks another deportation

In KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 the Court of Appeal followed the recent decisions of HA (Iraq) v SSHD [2020] EWCA Civ 1176 and AA (Nigeria) v SSHD [2020] EWCA Civ 1296 on the interpretation of the ...

30th October 2020 By

Welcome Court of Appeal U-turn on ten-year lawful residence gaps

In Hoque & Ors v SSHD [2020] EWCA Civ 1357 the Court of Appeal addressed the issue of gaps in lawful residence in ten-year long residence applications. It found that the previous authority of R (Masum Ahmed) v SSHD [2019] EWCA Civ 1070 – which ...

26th October 2020 By

Supreme Court finds treatment of skilled worker unfair

The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as ...

23rd October 2020 By

Removal policy breaches common law right of access to a court

Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled that the Home Office’s ‘removal window’ policy is unlawful because it denies ...

22nd October 2020 By

Strasbourg reiterates importance of access to justice in national security deportation cases

Imagine being accused of a crime. Now imagine you’re not told what that crime is. Then imagine a whole trial taking place without you being told what you’ve done and without you seeing any documents to prove it. Every time the top-secret evidence ...

22nd October 2020 By

Court of Appeal confirms change of course in deportation appeals

In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly har ...

12th October 2020 By

Court of Appeal backs judge who ordered asylum seeker brought back to the UK

The Court of Appeal has rejected an attempt by the Home Office to overturn a High Court order to bring an asylum seeker who had been removed under the unlawful Detained Fast Track system back to the UK. The case is R (PN (Uganda)) v Secretary of State ...

29th September 2020 By

Tribunal says no general risk to Nuba in Sudan

KAM (Nuba – return) Sudan CG [2020] UKUT 269 (IAC) is the first country guidance decision about the risk to the Nuba people on return to Sudan. The Upper Tribunal’s main finding is that there is no general risk to Nuba in either their home ...

22nd September 2020 By

When can refugee children be returned to their home country under the Hague Convention?

In the case of G (A Child : Child Abduction) [2020] EWCA Civ 1185, the Court of Appeal has confirmed that, where a child has been granted refugee status in their own right, or has their own pending asylum claim, they cannot be returned under the Hague ...

18th September 2020 By

Iraqi military doctor wins refugee exclusion appeal

The extremely long-running case of AB (preserved FtT findings; Wisniewski principles) Iraq [2020] UKUT 268 (IAC) has finally been allowed outright, subject to any further appeal from the Secretary of State. The appellant, an Iraqi doctor employed to w ...

16th September 2020 By

Inner House ducks test case on judicial review time limits

In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applicat ...

15th September 2020 By

Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts

If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord Jus ...

8th September 2020 By

Bail accommodation system ruled “systemically unfair”

The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has ke ...

1st September 2020 By

Challenge to Brook House detention conditions rebuffed by High Court

The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticis ...

25th August 2020 By

No Home Office duty of care to migrants hit by delays confirming leave to remain

The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty to grant a person discretionary leave to remain and issue them with a letter to allow them to take up employment ...

21st August 2020 By