Family life: substance over form

Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals provides the judges who serve in his Immigration and Asylum Chamber with very strong guidance on mixed cred ...

18th March 2020 By

Irritated Court of Appeal takes judges and lawyers to task over immigration appeals

In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri La ...

8th July 2019 By

Home Office allowed to withdraw concession in another pro-government appeal ruling

AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason to reject the appeals of foreign criminals. AM is an individual deserving of no sympathy. He has be ...

13th December 2018 By

Upper Tribunal should correct its money laundering warning to immigration solicitors

R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the recent line of ‘Hamid’ cases in which the High Court and Upper Tribunal metaphorically publicly ...

1st August 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

Stateless child denied leave to remain

In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 4 ...

5th March 2018 By

No “genuine and subsisting parental relationship” with children in care

Being able to demonstrate “a genuine and subsisting parental relationship” with a qualifying child is an essential requirement to succeed in a human rights appeal involving children. In Secretary of State for the Home Department v VC (Sri Lanka) [ ...

5th December 2017 By

Never assume that the Secretary of State is aware of anything

Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that mak ...

29th November 2017 By