All Articles: Cases

Patience is a virtue, especially if you’ll meet the Immigration Rules in a couple of months

MS (Pakistan) TD and X (A Child) (Jamaica) [2018] EWCA Civ 1776, a case about the minimum income requirement for sponsoring a family member under the Immigration Rules, shows that sometimes starting over with an immigration application and waiting a ...

16th August 2018 By

Upper Tribunal refuses asylum to Ukrainian draft evader

In PK (Draft evader; punishment; minimum severity) Ukraine [2018] UKUT 241 (IAC) the Upper Tribunal has refused to protect a Ukrainian draft evader despite acknowledging that there is evidence that taking part in the conflict might involve committing ...

15th August 2018 By

Doomed Article 8 application makes it all the way to the Court of Appeal

If there is one piece of advice practitioners take away from this post, let it be this: in ANY application you prepare, take the time and the effort to fully explain and particularise your client’s circumstances in your letter of representations. In ...

10th August 2018 By

Upper Tribunal’s error of law reasoning can very rarely be altered when a decision is re-made

In AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC) the determination makes heavy weather of restating some settled principles of law and practice. The judge granting permission to appeal to the Upper Tribunal had raised the q ...

8th August 2018 By

Of course an online immigration application is valid, Court of Appeal says

R (Singh) v The Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appell ...

7th August 2018 By

Important Court of Appeal decision on Article 3 and Gaza

The Court of Appeal has found that it is “sufficiently arguable” that conditions in Gaza are attributable to “the direct and indirect actions of the parties to the conflict” for a fresh decision to be made in the case of a Palestinian family c ...

2nd August 2018 By

Upper Tribunal should correct its money laundering warning to immigration solicitors

R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the recent line of ‘Hamid’ cases in which the High Court and Upper Tribunal metaphorically publicly ...

1st August 2018 By

Supreme Court delays decision in decades-old refugee resettlement saga

What’s another few months when you’ve been waiting two decades? For the past 20 years, a group of Iraqi and Syrian Kurds have been marooned on a British military base in Cyprus, recognised as refugees but denied settlement in the UK. In R ...

31st July 2018 By

Tribunal overturned for ignoring public interest in deportation

In a deeply unsurprising turn of events (see posts passim), the Court of Appeal has overturned a favourable deportation decision in Secretary of State for the Home Department v MR (Pakistan) [2018] EWCA Civ 1598. MR, a citizen of Pakistan, entered the ...

27th July 2018 By

Litigation privilege in the First-tier Tribunal

Those who were present at the recent Administrative Law Bar Association breakfast meeting on costs in judicial review will recall Alison Pickup, Legal Director of the Public Law Project, reminding us that Judicial Review in the Upper Tribunal is not t ...

26th July 2018 By

The ETS English language testing saga is over

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...

25th July 2018 By

Time spent as extended family member without permit doesn’t count toward permanent residence

Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 highlights the difference between extended family members’ rights and family members’ rights under EU law, as well as the extent of the tribunal’s statutory remit. Backg ...

24th July 2018 By

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

Italy responsible for the asylum claim of man extradited to the Netherlands

The Court of Justice of the European Union has taken a strict approach to time limits on take back requests imposed by the Dublin III Regulation. In case C‑213/17 X v Staatssecretaris van Veiligheid en Justitie, the court ruled that Italy had respon ...

16th July 2018 By

Employment tribunal bites off more than it can chew in right to work case

Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an ...

13th July 2018 By

Court of Justice finds Surinder Singh applies to extended family members

The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds ...

12th July 2018 By

President Lane denies tribunal operates on “unwritten rules”

The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision ...

10th July 2018 By

Where are we at with out-of-country appeals? The aftermath of Kiarie and Byndloss

The new case of QR (Pakistan), R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the i ...

9th July 2018 By

Can a British Overseas Citizen be stateless?

In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC) can be stateless under the Immigration Rules if he or she has no other nationality. This is an interesting and ...

6th July 2018 By

Unlawfully imposed curfews amount to false imprisonment

In R (Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 the Court of Appeal reversed a High Court decision that the words “restriction as to residence” in paragraph 2(5) of Schedule 3 to the Immigration Act 1971 em ...

4th July 2018 By

Irish sex offender’s request to be deported denied

R (Connell) v Secretary of State for the Home Department [2018] EWCA Civ 1329 is about whether the Home Secretary has a duty, imposed by Parliament, to deport foreign criminals even if they are EEA nationals. The Court of Appeal ruled that the legisla ...

3rd July 2018 By

New country guidance case on Kurds returned to Iraq

AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi Kurds to the Iraqi Kurdish Region. This case updates some of the guidance contained in AA ( ...

2nd July 2018 By

Long delays in Home Office provision of immigration bail accommodation are lawful

Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under ...

29th June 2018 By

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

The meaning of “residence” for indefinite leave to remain applications

In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefi ...

27th June 2018 By

Data protection damages for Iranian asylum seekers confirmed

What should the repercussions be if the Home Office accidentally splashes the personal details of asylum seekers all over the internet? If your answer is “compensation”, congratulations: you are at one with the Court of Appeal. The case is ...

27th June 2018 By

Court prefers evidence of detention centre doctor in giving only nominal damages for a year’s unlawful detention

R (Aboro) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) is an unlawful detention claim about how conflicting psychiatric evidence should be interpreted. The Secretary of State relied upon the evidence of a detention centre doct ...

26th June 2018 By

Tribunal belatedly ends Home Office exemption from judicial review time “rules”

Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” ...

25th June 2018 By
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