All Articles: Cases

Government forced to change trafficking appeals policy after High Court finds it unlawful

Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required offic ...

18th November 2019 By

Upper Tribunal opens door for trafficking challenges in human rights appeals

The Upper Tribunal has ruled that human rights appeals may be allowed on the ground that the Secretary of State has unlawfully failed to acknowledge that the appellant is a victim of trafficking. DC (Trafficking, Protection/Human Rights appeals : Alba ...

15th November 2019 By

Complete withdrawal of asylum support breaches EU law

The Court of Justice of the European Union has ruled that it is unlawful to completely withdraw all housing and financial support from an asylum seeker, even if they have breached the rules of an accommodation centre. In Case C-233/18 Haqbin v Federaa ...

14th November 2019 By

Court of Appeal revisits human rights in immigration appeals

Following on from the Court of Appeal’s recent human rights “cheatsheet” in GM (Sri Lanka) v Secretary of State for the Home Department, we now have a gem of a sequel that is Lal v Secretary of State for the Home Department [2019] EWCA Civ 1925. ...

13th November 2019 By

The importance of keeping the Home Office up to date

What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK? The answer to this question depends on what attempts were made to send the decision to the person and whe ...

12th November 2019 By

Escaped Tamil prisoners are at risk in Sri Lanka, Court of Appeal confirms

The Court of Appeal has overruled both immigration tribunals and found that members of the Tamil Tigers who were detained but escaped are at risk of persecution in Sri Lanka. The judgment in RS (Sri Lanka) v Secretary of State for the Home Department ...

1st November 2019 By

Detainees with indefinite leave to remain not entitled to Home Office accommodation

An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Departmen ...

31st October 2019 By

Asylum seeker with autistic child unlawfully housed in studio flat

The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Ad ...

29th October 2019 By

Last gasp of the take-away rule

Just when you thought the rule excluding chefs at take-away restaurants from the Tier 2 Shortage Occupation List had been tested to destruction, there arrives yet another valiant attempt to navigate this uber-niche corner of a corner of the Immigratio ...

28th October 2019 By

Court of Appeal reopens possibility of asylum for Ukrainian draft evaders

Last year, the Upper Tribunal refused to recognise my client PK as a refugee, despite acknowledging the risk of a Ukrainian conscript being associated with organisations committing acts contrary to international humanitarian law. This resulted in th ...

25th October 2019 By

Old convictions very much count towards a new deportation order

Someone sentenced to more than four years’ imprisonment is in the most serious category of offender for the purposes of deportation law, no matter how long ago that sentence was, the Court of Appeal has confirmed. The case is OH (Algeria) v Secr ...

24th October 2019 By

High Court upholds failing system of suicide reports in detention centres

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secre ...

18th October 2019 By

Refugees’ dependants can be sent packing if country of origin circumstances have changed

A grant of refugee status usually involves acceptance that a particular set of circumstances exist which would make it unlawful for a person to be returned to their country of origin. But circumstances change, and this can have a knock-on effect on wh ...

17th October 2019 By

Relatives of refugees are not legally refugees after all

The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for the family members of refugees. As a result, anyone who was granted refugee status under UK law as the fa ...

16th October 2019 By

Split human rights court suggests lower threshold for resisting removal on medical grounds

In Savran v Denmark (application no. 57467/15) the European Court of Human Rights has reinforced the importance, in Article 3 medical treatment cases, of the obligation on governments to obtain assurances where there is any doubt as to the impact of r ...

15th October 2019 By

Court of Appeal cheatsheet on human rights in immigration cases

In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European C ...

8th October 2019 By

CJEU: Child self-sufficient if supported by parent working without work permit

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albania ...

2nd October 2019 By

Family courts have no power to prevent removal of children at risk of FGM abroad

The President of the Family Division has decided that the family courts have no jurisdiction to interfere with immigration control, even if they think it is necessary to protect a girl from female genital mutilation (FGM). The most they can do is to a ...

1st October 2019 By

Tribunal finds “centre of life” integration and intention tests irrelevant in Surinder Singh cases

The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the Home Office to Surinder Singh cases. For background on the Surinder ...

20th September 2019 By

CJEU: expulsion of family members who lose right of residence must still comply with EU law

In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members ...

19th September 2019 By

Government can be liable for costs in Cart type judicial review cases

The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and A ...

22nd August 2019 By

What happens when a deportation order is served on a 17-year-old EEA national detained in prison?

Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Y ...

16th August 2019 By

Trafficking victim successfully overturns ten-year-old conviction

O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this case the Court of Appeal (Criminal Division) decided to quash a 2008 conviction because the prosecution had not ev ...

14th August 2019 By

Student facing death penalty for ISIS membership stripped of British citizenship

A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British citizenship. The judgment, handed down yesterday and the first case of its kind in the High Court, is R (Islam) v Se ...

8th August 2019 By

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