Court of Appeal cheatsheet on human rights in immigration cases

In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European C ...

8th October 2019 By

Father 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 By

“In limbo”: migrants stripped of leave to remain in the UK but can’t be removed

The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in thei ...

24th May 2019 By

Home Office consent required for appeal relying on new category of Immigration Rules

The upshot of the Upper Tribunal’s decision in AK and IK (S.85 NIAA 2002 – new matters) Turkey [2019] UKUT 67 (IAC) is that a person who relies upon a different category of the Immigration Rules to succeed under Article 8 at their appeal or in a s ...

27th February 2019 By

Court can consider new evidence in challenges to “clearly unfounded” certificates

In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” c ...

25th February 2019 By

Media pressure saved my clients from removal – but now come the crippling fees

Last month, for the first time in my career, I took a client’s appeal to the media instead of the immigration tribunal. Mozaffar Saberi and Rezvan Habibimarand are an elderly Iranian couple (83 and 73) living in Edinburgh. They have four adult ...

25th February 2019 By