- Home Office overruled on whether Calais child brother of UK sponsor
- Two successful judicial reviews in “paragraph 322(5)” tax cases
- Solicitor loses High Court appeal against immigration misconduct sanctions
- Victim of “truly atrocious” past persecution can still be returned if country conditions change
- Failure to submit specified documents fatal to Tier 1 (Entrepreneur) application
Failure to submit specified documents fatal to Tier 1 (Entrepreneur) application
The Court of Appeal has reluctantly but unanimously agreed with the Home Office’s decision to refuse a Tier 1 (Entrepreneur) application for further leave to remain based on a factual issue of specified documents not being submitted. It rejected arg ...
15th January 2019Higher damages payable for unlawful detention caused by delay in providing bail accommodation
The High Court has ruled that a claimant is entitled to extra unlawful detention damages for frustration and anxiety where the Home Office fails to provide a release address. The guidance on this issue provided by R (Diop) v Secretary of State for th ...
31st December 2018Court of Appeal finds that ordinary residents should be first in the queue for organ donations
Brexit notwithstanding, 2018 is likely to be remembered as the year the lid was blown on the government’s hostile environment policy. The debate about how difficult we want the lives of migrants unlawfully in the UK to be has now caught the atte ...
27th December 2018Tribunal calls for sensible approach to evidence justifying late applications
Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible not to feel deep admiration for Ms Prathipati. The 28-year-old Indian citizen appear ...
21st December 2018Fast Track asylum appeals under an unlawful system were not necessarily unfair
The Court of Appeal has ruled that appeal decisions made using the 2005 Fast Track Rules are not necessarily unfair and unlawful, even though the procedural rules generated an inevitable risk of unfairness in a significant number of cases. This means ...
20th December 2018Family members of cross border workers can derive EU right to reside if needed for childcare
The Upper Tribunal has held in the case of LS (Article 45 TFEU – derivative rights) [2018] UKUT 426 (IAC) that the family member of a cross border worker within the EU — one who lives in one EU country but works regularly in another R ...
18th December 2018