Mixed messages on delays during detention from the High Court

R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant ...

31st March 2020 By

Home Office can ignore human rights claims bolted on to normal immigration applications

The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of domestic abuse, and in appeal rights more generally. The Upper Tribunal has ruled that the Home Office can ...

30th March 2020 By

You can now raise new matters before the Upper Tribunal

In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person wrongly believed that they had indefinite leave to remain. It also identifies a loophole ...

26th March 2020 By

Prison time doesn’t count as “residence” in establishing enhanced EU law protection against deportation

A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases ...

24th March 2020 By

Who counts as a “partner” for the purposes of deportation law?

When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and ...

20th March 2020 By

Home Office can refuse settlement to those on long-term Discretionary Leave

Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever depart from this policy? The Upper Tribunal judgment in R (Ellis) v Secretary of ...

20th March 2020 By