- The effect of deportation on children: Imran case reversed
- Supreme Court overturns expansion of benefits rights for EU citizens
- No costs awarded where claimant got interim relief but legal issues unresolved
- Cessation, Article 3 and removing refugees from the UK
- The meaning of “admissible” in statelessness cases
Case law
New case law articles
Supreme Court
- Supreme Court overturns expansion of benefits rights for EU citizens
- Government must obey court orders even if invalid, Supreme Court holds
- Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms
- Supreme Court upholds Home Office age assessment policy
- Supreme Court dismisses deportation appeal of man living in UK since he was 9
Court of Appeal
- The effect of deportation on children: Imran case reversed
- No costs awarded where claimant got interim relief but legal issues unresolved
- Court of Appeal tells SIAC to pay more respect to Home Office on national security
- Reopening a finalised immigration appeal is actually pretty hard
- Reconciliation with victim a factor against deportation
Upper Tribunal
- Cessation, Article 3 and removing refugees from the UK
- The meaning of “admissible” in statelessness cases
- EU law still applies in legacy appeals under the EEA Regulations
- Early guilty plea saves 75-year-old woman from deportation to USA
- Upper Tribunal revisits issue of permission for video evidence from abroad
High Court
- One month a reasonable time to source bail accommodation during pandemic
- Liars can still be genuine trafficking victims
- Challenge to automatic British citizenship for Northern Irish people thrown out
European Court of Human Rights
- Blanket rule delaying family reunion for temporary refugees violates human rights
- Stripping someone of refugee status doesn’t mean they can be deported
- Putting migrants in Covid-ridden barracks a human rights breach
Court of Justice of the European Union
- EU court considers Comprehensive Sickness Insurance
- Denying benefits to EU pre-settled status holders justified if no fundamental rights breached
- Non-Europeans can be detained for longer, EU Court of Justice decides
- Court of Justice decision on cessation of protection for Somali refugees
- CJEU: permanent residence card exempts family member from visa requirements
Useful links
- New decisions of the UK Supreme Court
- The latest decisions reported on Bailii for the Court of Appeal (Civil)
- The latest decisions reported on Bailii for the Administrative Court
- Database of Upper Tribunal (Immigration and Asylum Chamber) judgments
- Database of Court of Justice of the European Union judgments
- Database of European Court of Human Rights judgments
The effect of deportation on children: Imran case reversed
In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711, the Court of Appeal continues to unpick pre-HA (Iraq) deportation jurisprudence, here reversing the Upper Tribunal decision of Imran (Section 117C(5); children, unduly ...
2nd December 2021Supreme Court overturns expansion of benefits rights for EU citizens
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...
1st December 2021No costs awarded where claimant got interim relief but legal issues unresolved
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying lega ...
30th November 2021Cessation, Article 3 and removing refugees from the UK
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead ...
29th November 2021The meaning of “admissible” in statelessness cases
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applicat ...
29th November 2021EU law still applies in legacy appeals under the EEA Regulations
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in bre ...
26th November 2021