Case law
New case law articles
Supreme Court
- Supreme Court upholds Home Office age assessment policy
- Supreme Court dismisses deportation appeal of man living in UK since he was 9
- Supreme Court reiterates that a refugee cannot be removed until claim is assessed
- Shamima Begum loses case in Supreme Court
- Supreme Court: no additional “exceptional circumstances” test in Zambrano deportation cases
Court of Appeal
- Immigration application made during visa expiry grace period is not “in time”
- Court of Appeal confirms that 3C leave can be revived
- Confirmed: dependency for extended family members must be unbroken
- Court of Appeal lays down hyper-strict approach to EU asylum claims
- Deportation of father not “unduly harsh” on child in loving home
Upper Tribunal
- Deported murderer loses anonymity
- The AM (Zimbabwe) test now applies to destitution too
- Upper Tribunal forced to U-turn on “new matters” appeal loophole
- Home Office can revoke settlement over historical deception
- “Open-ended” overstayers can’t rely on ten-year lawful residence rule
High Court
- High Court backs law firm in dispute over £194,000 asylum bill
- Passports can be issued to British children abroad without abusive father’s consent
- UK refugee resettlement doesn’t discriminate against Christians
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
- 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
- Luxembourg set to undermine Home Office position on clan protection in Somalia
- 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
Immigration application made during visa expiry grace period is not “in time”
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration ...
15th September 2021Court of Appeal confirms that 3C leave can be revived
When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s v ...
31st August 2021High Court backs law firm in dispute over £194,000 asylum bill
A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is Farrer & Co LLP v Yertayeva [2021] EWHC B16 (Costs). Ms Yertayeva is a Kazakhstani busines ...
23rd August 2021Deported murderer loses anonymity
Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful hu ...
18th August 2021The AM (Zimbabwe) test now applies to destitution too
The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the Upper Tribunal has found that the “modified” (for which, read “lowered”) test fo ...
16th August 2021Court of Appeal lays down hyper-strict approach to EU asylum claims
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considere ...
11th August 2021