No human rights issues to be raised in EEA appeals, confirms Court of Appeal

In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relev ...

19th May 2017 By

Tier 1 (Entrepreneur) visas: is Britain open for business?

Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and en ...

17th May 2017 By

Family life succeeds in defeating section 94B “deport first, appeal later” certification

The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act ...

15th May 2017 By

Another successful unlawful detention claim

R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a furt ...

9th May 2017 By

Supreme Court refuses damages to refugee wrongly prosecuted for illegal entry

Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at th ...

26th April 2017 By

Home Office belatedly issues guidance on Operation Nexus

Operation Nexus was officially launched in November 2012, a law enforcement initiative aimed at deporting more ‘high harm’ foreign nationals. It has been criticised on many occasions for its opacity, and the lack of any publicly available policies ...

24th April 2017 By

Court of Appeal gives guidance on meaning of ‘unlawful residence’

The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It provides valuable guidance on the meaning of the word ‘unlawful’ within the context of deporta ...

11th April 2017 By

Deport first, appeal later certificates, judicial reviews and fresh claims considered by Upper Tribunal

In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immi ...

4th April 2017 By

Court of Appeal reaffirms position on adult dependent relatives

In Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable ...

30th March 2017 By

Serious safety concerns raised in report on Morton Hall IRC

There is supposed to be a fundamental difference between custodial incarceration and immigration detention. The former is reserved for those who have committed crimes: its purpose is punitive, to protect the public and to rehabilitate offenders. The l ...

22nd March 2017 By

Scarring evidence in asylum cases

“The Tribunal’s conclusion was… that [in order to fabricate an asylum claim] the appellant had allowed himself to be anaesthetised and then branded with a hot metal rod”  – Elias LJ, KV (Sri Lanka) In this area of law, it is sometim ...

15th March 2017 By

The Curious Case of the Eritrean Country Guidance

‘[I]t has to be said, Asmara does not feel like the capital of a country generating asylum applications with a 85% grant rate’ (sic)  –   Informal Home Office report of UK visit to Eritrea, 9-11 December 2014 In 2014, nationals of Eritrea ...

14th February 2017 By

Border Force needs to ‘up their game’ on slavery

According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a Modern Slavery Strategy, and the Border Force plays its part by identifying potential victims, an ...

3rd February 2017 By

NHS shares patient data of suspected immigration offenders with Home Office

‘Patient confidentiality is one of the most important pillars of medicine’, explains Dr Vivienne Nathanson, previously Head of Science and Ethics at the British Medical Association. Can patient information be shared without consent? The general pr ...

1st February 2017 By

Operation Nexus for dummies: happening now, in our time

Two men are suspected of robbing a bank. Let’s call them Ken, a British national, and Boris, a non-British national. Boris arrived in the UK from somewhere in the Caucasus when he was 3, about 27 years ago. He holds Indefinite Leave to Remain in the ...

20th February 2015 By