All Articles: Cases

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 outstan ...

26th February 2021 By

Lack of legal advice for migrants in prison ruled “discriminatory”

The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...

26th February 2021 By

Eviction of failed asylum seeker a breach of human rights

The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud [2021] NIQB 6. Backgro ...

25th February 2021 By

Upper Tribunal guidance on credible documentary evidence

The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants.  The tribunal has also clarified the circumstances in whic ...

23rd February 2021 By

Grace period for overstayers cannot be relied on twice

The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Excepti ...

22nd February 2021 By

£1,012 child citizenship fee confirmed unlawful by Court of Appeal

Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens ...

19th February 2021 By

Human rights court criticises CPS for prosecuting trafficking victims

The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criti ...

16th February 2021 By

Ignore what the Immigration Rules say about deportation, Upper Tribunal says

In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nat ...

16th February 2021 By

Indefinite leave to remain can be revoked, but not cancelled

We get it: immigration law is tricky. Even so, C1 v Secretary of State for the Home Department [2021] EWHC 242 (Admin) is on another level and is probably best summarised by this GIF: Math Calculate GIF from Math GIFs The gist of the decision is that ...

15th February 2021 By

High Court judge threatens Priti Patel with contempt of court proceedings

A High Court judge has raised the prospect of contempt of court proceedings against the Home Secretary, Priti Patel, after her department breached a mandatory injunction. Mr Justice Chamberlain made the ominous comments in the case of Mohammad v Secre ...

10th February 2021 By

Home Office given 48 hours to release immigration detainee despite coronavirus

In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in re ...

10th February 2021 By

Government unlawfully denied refugee status to Egyptian dissident on national security grounds

In the latest round of the legal saga involving Egyptian dissident Yasser Al-Siri, the Court of Appeal has ruled that the Home Office acted unlawfully in only granting him restricted leave to remain after an earlier First-tier Tribunal decision that h ...

9th February 2021 By

Indian man detained for 13 months under immigration powers loses bid for release

The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of absconding and serious criminal convictions, despite detention already lasting well over a year. The case is Singh v Secretar ...

3rd February 2021 By

Court of Justice decision on cessation of protection for Somali refugees

In the case of C-255/19 Secretary of State for the Home Department v OA, the Court of Justice of the European Union held (at paragraph 64) that: 1. Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualific ...

2nd February 2021 By

Appeal judges reject challenge to domestic abuse policy

In FA (Sudan) v Secretary of State for the Home Department [2021] EWCA Civ 59, the Court of Appeal has confirmed that someone applying to stay in the UK under the domestic abuse rules must have had permission to remain as a partner. This appeal was a ...

1st February 2021 By

Upper Tribunal has no jurisdiction to correct appeal deadline error

Ndwanyi (Permission to appeal; challenging decision on timeliness) Rwanda [2020] UKUT 378 (IAC) is about how a respondent can challenge a decision that an application for permission to appeal is in time, when in fact it is not in time. In this case th ...

29th January 2021 By

Deportation appeal not a “dress rehearsal” says Court of Appeal

Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The role of an appellate court when reviewing the findings of fact made by the court below sounds straightforward: it ...

27th January 2021 By

Man who lived in UK under assumed identity for over a decade wins right to stay

Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is Mahmood (paras. S-LTR.1.6. & S-LTR.4.2.; Scope) Bangladesh [2020] UKU ...

26th January 2021 By

Procedural unfairness arguments unlikely to help in Points Based System refusals

The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure deficiencies in his or her Points Based System application before it is refused. The case is R (Taj) v Secretary of State for ...

25th January 2021 By

When can an immigration decision involving human rights be appealed?

The distinction between a “claim” and an “application” was at the heart of the Upper Tribunal’s recent decision in Yerokun (Refusal of claim; Mujahid) Nigeria [2020] UKUT 377 (IAC). Mr Yerokun made an application for permission to remain in ...

22nd January 2021 By

Minor offence can trigger deportation, human rights court confirms

The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v D ...

21st January 2021 By

High Court bail for vulnerable detainee

The High Court has ordered the release on bail of a detainee who is subject to deportation action but suffers from serious mental health problems. Full judgments at the interim relief stage are relatively unusual so R (RS) v Secretary of State for the ...

20th January 2021 By

Suicidal refugee loses date of birth appeal

A Palestinian refugee threatening to take his own life in a dispute over the age recorded on his residence permit has lost a judicial review at the Court of Appeal. The case is (WA (Palestinian Territories)) v Secretary of State for the Home Departmen ...

15th January 2021 By

Court of Appeal rejects lowering threshold for denying refugee status to extremists

How serious must a person’s “extremism” be to justify exclusion from the Refugee Convention? Three years ago, the Court of Appeal in Youssef & N2 v Secretary of State for the Home Department lowered the bar for exclusion from the Co ...

14th January 2021 By

Tribunal defines “historic injustice”

Lawyers are prone to creating “terms of art”, i.e. a phrase which has a specific meaning within a particular branch of law, distinct from its usage in ordinary English. In Patel (historic injustice; NIAA Part 5A) India [2020] UKUT 351 (IAC ...

12th January 2021 By

Important Court of Appeal judgment on expert evidence and “credibility”

The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN v Secretary of State for the Home Department [2020] EWCA Civ 1746. Although this was the central question in the ...

4th January 2021 By

Country guidance changes affect pending decisions if not already sent out to the parties

Pending asylum appeals in Scotland can be affected by changes to country guidance right up to the point when they are sent out to the parties to the case, even if the judge has already signed off on his or decision, according to the Upper Tribunal in ...

22nd December 2020 By

Court of Appeal confirms no consultation duty for NHS advance charges

In R (MP) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634, the Court of Appeal upheld the High Court’s decision that there was no need for the government to consult the public before introducing advance charging of overseas ...

22nd December 2020 By

Court of Appeal bombshell: EU citizens with pre-settled status CAN claim benefits

The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The case is Fratila and Tanase v Secretary of State for Work and Pensions [2 ...

18th December 2020 By

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