All Articles: Human rights

More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili

In MM (Malawi) [2018] EWCA Civ 2482 the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as set out in the House of Lords case of N v Secretary of State for the Home Department ...

30th November 2018 By

Can children and parents apply to remain after seven years residence?

From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...

28th November 2018 By

The irremovables: what happens to national security threats who cannot be deported?

The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the government no doubt prefers) would be unlawful, because of how they would be treated on return to the ...

16th November 2018 By

Supreme Court decides meaning of “precarious immigration status” and “financially independent”

The Supreme Court has allowed the appeal in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. Giving the sole judgment, Lord Wilson holds that a “precarious” immigration status is any status short of Indefin ...

14th November 2018 By

Tribunal President says bus drivers and brain surgeons to be treated the same

Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...

17th October 2018 By

Immigration tribunals lose their way in overcomplicated human rights rules

The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Art ...

9th October 2018 By

Doomed Article 8 application makes it all the way to the Court of Appeal

If there is one piece of advice practitioners take away from this post, let it be this: in ANY application you prepare, take the time and the effort to fully explain and particularise your client’s circumstances in your letter of representations. In ...

10th August 2018 By

Important Court of Appeal decision on Article 3 and Gaza

The Court of Appeal has found that it is “sufficiently arguable” that conditions in Gaza are attributable to “the direct and indirect actions of the parties to the conflict” for a fresh decision to be made in the case of a Palestinian family c ...

2nd August 2018 By

Interview: Gabriella Bettiga on exceptional circumstances applications

The Immigration Rules provide that somebody who wishes to stay in the UK on the basis of their family ties but does not otherwise meet the requirements of Appendix FM can argue that there are “exceptional circumstances”. Paragraph GEN.3.2 ...

20th July 2018 By

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

What are the 10 and 20 year rules on long residence?

The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

26th June 2018 By

Satisfying the Immigration Rules enough for Article 8 success

The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdl ...

1st June 2018 By

Strasbourg gets strict with non-exhaustion of domestic remedies

The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedie ...

29th May 2018 By

Where’s the beef? Court criticises quality of Article 8 applications

The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...

16th May 2018 By

Humanitarian standards are not the test for a cessation decision

In Secretary of State for the Home Department v MA (Somalia) [2018] EWCA Civ 994 the Court of Appeal grappled with the thorny question of what issues are relevant when a decision-maker is assessing the cessation of refugee status under the Qualificat ...

11th May 2018 By

Tribunal finally asks: what is a human rights appeal anyway?

Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? Th ...

16th April 2018 By

Court of Appeal upholds deportation of foreign criminal (again)

In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions ...

12th April 2018 By

Good news for people appealing curtailment of leave on human rights grounds

Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a leave curtailment. The case is Tikka v Secretary of State for the Home Departm ...

10th April 2018 By

Court of Appeal refuses to put burden of proof on slavery victims in criminal trials

MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, th ...

9th April 2018 By

Unlawful delays by the Home Office: a line in the sand

Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can successfully claim for damages under the Human Rights Act 1998. The Home Office ...

5th April 2018 By

DĂ©jĂ  vu as Strasbourg approves deportation of Nigerian drug trafficker

The judgment of the European Court of Human Rights in Ejimson v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the court found that a Nigerian national convicted of drug-related crimes co ...

3rd April 2018 By

Running a business may amount to private life for the purposes of Article 8

On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life ...

12th March 2018 By

How we got an asylum seeker ÂŁ15,500 damages for misuse of his asylum information

Asylum seekers routinely share their most sensitive information with the Home Office in order to support their asylum claims, write Daniel Carey and Zac Sammour. They do so in good faith, trusting that the Home Office will treat that information wi ...

16th February 2018 By

Government stance on residence permits for trafficking victims declared unlawful

The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of StateR ...

14th February 2018 By

Court of Appeal gives authoritative guidance on Article 3 medical cases

The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court ...

5th February 2018 By

Settlement refusal overturned after failure to consider mental health evidence

Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the c ...

16th January 2018 By

Court of Appeal stomps on human rights appeals for visitors

The Court of Appeal has dealt a serious blow to rights of appeal for visitors to the UK. Here we analyse the legal situation and take a look at the three judgments. ...

11th January 2018 By

Trafficking victim wins ÂŁ260k damages, does not see a penny

How can you win ÂŁ266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Le ...

10th January 2018 By
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