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

Appeals law: a “new matter” includes EU law arguments

In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They had spent some seven months in Cyprus and on their return to the UK, the appellant appl ...

29th November 2018 By

Home Office further amends removals policy in response to Upper Tribunal judgment

In R (FB and NR) v Secretary of State for the Home Department (JR/9948/2017 and JR/9949/2017), the appellants challenged the legality of the Home Secretary’s removals policy (traditionally known as Chapter 60 of his Enforcement Guidance and Instruc ...

29th November 2018 By

Less is more: tribunal criticised for overly long judgments

A client’s statement “I was foolish to…” in a witness statement is sometimes the starting point for the submission “My client is not clever enough to lie/to lie to the extent alleged by the Respondent”. It is an uncomfortable submission t ...

27th November 2018 By

Blame the accountant? Tribunal weighs in on paragraph 322(5)

In R (Khan) v Secretary of State for the Home Department (Dishonesty, tax return, paragraph 322(5)) [2018] UKUT 384 (IAC) the Upper Tribunal has issued guidance to the Home Office on how to properly decide applications from Tier 1 (General) applicant ...

26th November 2018 By

Comment: refugee families suffering domestic violence must get equal treatment

A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees ...

23rd November 2018 By

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