All Articles: Cases

Visit visas can count towards ten years’ long residence

When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended ...

21st July 2021 By

Home Office can revoke settlement over historical deception

In another reminder that leave obtained by deception can be revoked, we have the Upper Tribunal decision in R (Matusha) v Secretary of State for the Home Department (revocation of ILR policy) [2021] UKUT 175 (IAC). The case confirms that there “ ...

19th July 2021 By

Supreme Court dismisses deportation appeal of man living in UK since he was 9

In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian citizen who arrived in the United Kingdom aged nine in 2005. He had committed several knifepoint robber ...

16th July 2021 By

Denying benefits to EU pre-settled status holders justified if no fundamental rights breached

The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Departme ...

16th July 2021 By

Upper Tribunal can accept late acknowledgment of service in judicial review cases

The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in R (KA) v Secretary of State for the Home Department [2021] ...

14th July 2021 By

Double win for refugees seeking backdated benefits

The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s ...

7th July 2021 By

Parts of Home Office policy on Dublin III family reunion declared unlawful

Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v ...

5th July 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By

Protections for EU citizens served with notice of deportation

When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and i ...

29th June 2021 By

Immigration tribunal can reject expert evidence

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required t ...

29th June 2021 By

Non-Europeans can be detained for longer, EU Court of Justice decides

An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. L ...

25th June 2021 By

High Court strikes down pandemic protections for refused asylum seekers

The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision in R (Secretary of State for the Home Department) v First-tier Tribunal (Social Entitle ...

24th June 2021 By

Upper Tribunal rebuked for failing to understand its job (again)

The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first ide ...

24th June 2021 By

“Open-ended” overstayers can’t rely on ten-year lawful residence rule

This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for the Home Department (long residence policy – interpretation) [2021] UKUT 146 (IAC). Background: over ...

23rd June 2021 By

Getting permission to remain in the UK as an adult dependent relative: not likely

Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the ...

16th June 2021 By

High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful

In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because ...

10th June 2021 By

Can you get compensation if an immigration officer acts unlawfully?

This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued lett ...

9th June 2021 By

Rehabilitative work in the community no barrier to deportation

In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, conclu ...

9th June 2021 By

Game-changer for Sri Lankan Tamil activists seeking asylum in the UK

The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur ...

7th June 2021 By

High Court condemns treatment of asylum seekers unlawfully held at Napier barracks

The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile conditions at Napier barracks, Mr Justice Linden found that the site did not meet minimum legal standards ...

3rd June 2021 By

Murderer’s bid to be deported foiled by extradition request

A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home De ...

3rd June 2021 By

Home Office accidentally discriminates against trafficking victims with kids

The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary ...

2nd June 2021 By

Trafficking authorities not experts on trafficking says criminal Court of Appeal

The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply ...

1st June 2021 By

Migrants win improved access to personal data held by the Home Office

Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who hav ...

27th May 2021 By

Lawyers warned not to include brand new arguments in Cart judicial reviews

Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on grounds that were not before the Upper Tribunal in the first place. The case is Osefiso ...

25th May 2021 By

Man who won British citizenship by fraud gets to keep it thanks to Home Office inaction

An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary ...

24th May 2021 By

Criminality undermines strong private life case in deportation appeal

In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly str ...

20th May 2021 By

Sponsor changing job is not a reason to refuse a spouse visa

If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 11 ...

20th May 2021 By

Appeal judges grapple with gaps in lawful residence

In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a second decision letter which generated a right of appeal might have continued the appellant’s lawful residence when ...

19th May 2021 By

With remote hearings now routine, are out-of-country appeals still unfair?

In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw in the wind suggesting that it will be harder to argue the unfairness of out-of-country ap ...

17th May 2021 By

Prosecutions for assisting unlawful immigration in small boats cases: the key to acquittal

On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which will now be lifted. The appeal and subsequent acqui ...

17th May 2021 By

“Hand on the tiller” prosecution for assisting unlawful immigration fails

Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossin ...

14th May 2021 By

Court of Appeal considers unduly harsh deportation test (again)

The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Departmen ...

13th May 2021 By

£100 million investment visa loan scheme ruled legal after all

A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous U ...

12th May 2021 By

Windrush family priced out of UK win human rights challenge

In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interferenc ...

11th May 2021 By

Congolese man unlawfully detained for three and a half years

To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In this case I think that principle became lost to sight. So says the High Court in the case of Louis v Home Office [ ...

10th May 2021 By
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