- Home Office gets extra time to acknowledge service of judicial reviews
- Detention system continues to discriminate against migrants with mental health problems
- What does “unduly harsh” mean in deportation cases?
- Tough approach on admitting new evidence before the Upper Tribunal
- Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation
What does “unduly harsh” mean in deportation cases?
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had pr ...
17th July 2019Tough approach on admitting new evidence before the Upper Tribunal
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162, ...
16th July 2019Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Depar ...
15th July 2019New Upper Tribunal guidance on “cross appeals” and jurisdiction in EEA deportation cases
In Smith (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct p ...
12th July 2019Tribunal blows hole in mandatory application process for EU law residence documents
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) ...
11th July 2019Father of three with sickle cell disease faces deportation for drug offences after six-year appeal saga
The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK court system for over six years. It appears the case has finally been settled by the Court of Appeal – on i ...
9th July 2019