All Articles: Cases

What happens when a deportation order is served on a 17-year-old EEA national detained in prison?

Regulation 33 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052) does not wrongfully exclude the ordinary principles applicable in interim relief applications. It does not exclude them at all. So held Mr Justice Murray in R (Y ...

16th August 2019 By

Trafficking victim successfully overturns ten-year-old conviction

O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this case the Court of Appeal (Criminal Division) decided to quash a 2008 conviction because the prosecution had not ev ...

14th August 2019 By

Student facing death penalty for ISIS membership stripped of British citizenship

A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British citizenship. The judgment, handed down yesterday and the first case of its kind in the High Court, is R (Islam) v Se ...

8th August 2019 By

Senior judges despair of “Byzantine” immigration laws

Always a worry (but never a surprise) when Court of Appeal judges start off a judgment by saying that the case “has a tortuous procedural history”, is “highly technical” and involves “Byzantine… provisions” of immigration law. Firdaws v ...

31st July 2019 By

Refugee status can be taken away even if threat of persecution still looms

In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office can cease refugee status where there has been a change of circumstances in the refugee’s country of origin such ...

30th July 2019 By

12 years a litigant: Franco Vomero case returns to Supreme Court

The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK a ...

24th July 2019 By

Win a deportation appeal? You can still be deported, Court of Appeal holds

If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending? In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appea ...

24th July 2019 By

Tribunal told to think again on exclusion from refugee status of Iraqi military doctor

The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253, involving an Iraqi doctor who was formerly employed to care for prisoners by Iraqi ...

22nd July 2019 By

Home Office gets extra time to acknowledge service of judicial reviews

In immigration law, deadlines are important. They also frequently cause confusion. Sound familiar? That may be because this is how I began a post last month following the Upper Tribunal case of Bhavsar. The Upper Tribunal has now published another cas ...

19th July 2019 By

What does “unduly harsh” mean in deportation cases?

In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had pr ...

17th July 2019 By

Tough approach on admitting new evidence before the Upper Tribunal

The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162, ...

16th July 2019 By

Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation

The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Depar ...

15th July 2019 By

New Upper Tribunal guidance on “cross appeals” and jurisdiction in EEA deportation cases

In Smith (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct p ...

12th July 2019 By

Tribunal blows hole in mandatory application process for EU law residence documents

In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) ...

11th July 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

Irritated Court of Appeal takes judges and lawyers to task over immigration appeals

In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri La ...

8th July 2019 By

Home Office ordered to bring Ugandan asylum seeker back to the UK five years after removal

The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was unfair. PN v Secretary of State for the Home Department [2019] EWHC 1616 (Admin) is the latest in a series of cases ...

2nd July 2019 By

Upper Tribunal sets new procedure for missed appeal deadlines

In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal ...

28th June 2019 By

Does ANY overstaying rule out settlement after 10 years’ long residence? Confusion after Court of Appeal ruling

Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be “continuous” if it involved short gaps between lawful periods of leave where an applicant has oversta ...

27th June 2019 By

Detention in a young offender institution can nullify enhanced protection against deportation

Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail, the Court of Appeal has held. The case is Secretary of State for the Home Department ...

26th June 2019 By

Extended family members denied an appeal can go ahead and lodge one

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to du ...

24th June 2019 By

Supreme Court finds UK breached residence rights of hundreds of thousands of EU citizens

The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens from the so-called Accession Eight (or “A8”) countries that joined the EU in ...

19th June 2019 By

A concrete example of how to meet the “very compelling circumstances” deportation test

The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example of the kind of human rights arguments that will sway judges in this notoriously difficult area ...

17th June 2019 By

Blood feuds: what happens when the Home Office shares information with the Albanian authorities?

AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should take to factual findings made by another tribunal judge in a related appeal. In this case, AL’s elder brot ...

13th June 2019 By

Helpful case on when failure to claim asylum in a safe country damages credibility

Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure to do so should damage their credibility, the Court of Appeal has ruled. KA (Afghanistan) v Secr ...

12th June 2019 By

Afghan country guidance decision remitted following statistical error

In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocatio ...

31st May 2019 By
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