All Articles: Cases

Who decides when an immigration appeal ends?

When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice ...

17th April 2019 By

Major judgment finds Home Office policy of ejecting migrants over tax discrepancies “legally flawed”

The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in the ...

16th April 2019 By

Yet more guidance on automatic deportation

The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of St ...

16th April 2019 By

Important new judgments on KO (Nigeria) case and removing migrants with children in the UK

The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a childâ ...

15th April 2019 By

“Torrent of time-wasting nonsense”: tribunal sends immigration adviser for OISC investigation

The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha &a ...

15th April 2019 By

Carer for 87-year-old British woman allowed to stay in the UK after Zambrano appeal

An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the ...

12th April 2019 By

Migrants can be deported as “persistent offenders” even if crime-free for years

The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State f ...

8th April 2019 By

Helpful decision on evidential flexibility nevertheless demonstrates failure of Points Based System

Almost as soon as a court has provided substantive guidance on a particular area of immigration law, the law seems to change. So it is in R (Islam) v Secretary of State for the Home Department [2019] EWCA Civ 500. The Court of Appeal in this case take ...

1st April 2019 By

Unrecognised adoptions can attract EU free movement rights

Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the Eur ...

28th March 2019 By

Asylum seekers must not be sent back to Italy if they face “extreme material poverty”

The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading tre ...

19th March 2019 By

Court of Appeal corrects country guidance on Ahmadis from Pakistan

In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKU ...

12th March 2019 By

Dublin III detention regulations comply with EU law

The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Dete ...

7th March 2019 By

Supreme Court has to remind tribunal self inflicted torture inherently unlikely

The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is ...

6th March 2019 By

Only standard damages for unlawfully detained rough sleepers

In R (Majewski) v Secretary of State for the Home Department [2019] EWHC 473 (Admin) the High Court has concluded that EU citizens who were unlawfully detained solely because they were homeless should be paid damages at the normal rate. In the importa ...

5th March 2019 By

Tribunal guidance on raising long residence during appeals process

The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fa ...

4th March 2019 By

High Court finds Right to Rent checks discriminatory in landmark judgment

Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination ...

1st March 2019 By

17 years and counting for an indefinite leave to remain decision

I acted for the appellant in the extraordinary case of Guled v SSHD [2019] EWCA Civ 92, in which the Court of Appeal ruled on the legal status of a deportation order made in 2002. 2002: deportation order made Even by immigration standards, Mr G had a ...

1st March 2019 By

Chief disciplinary judge calls in regulators over shambolic immigration litigation

The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment is Jetly & Anor v Secretary of State for the Home Department [2019] E ...

27th February 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

Extended family members: no residence card, no rights

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended fami ...

26th February 2019 By

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