All Articles: Cases

Supreme Court finds treatment of skilled worker unfair

The Supreme Court held today in R (on the application of Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an ex ...

23rd October 2020 By

Judge orders asylum seeker with baby rehoused, describes government attitude as “chilling”

Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal with day in, day out! Nevertheless, there are some still cases where the Home Office’s arguments are so outrag ...

19th October 2020 By

Court of Appeal confirms change of course in deportation appeals

In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly har ...

12th October 2020 By

Court of Appeal backs judge who ordered asylum seeker brought back to the UK

The Court of Appeal has rejected an attempt by the Home Office to overturn a High Court order to bring an asylum seeker who had been removed under the unlawful Detained Fast Track system back to the UK. The case is R (PN (Uganda)) v Secretary of State ...

29th September 2020 By

Tribunal says no general risk to Nuba in Sudan

KAM (Nuba – return) Sudan CG [2020] UKUT 269 (IAC) is the first country guidance decision about the risk to the Nuba people on return to Sudan. The Upper Tribunal’s main finding is that there is no general risk to Nuba in either their home ...

22nd September 2020 By

When can refugee children be returned to their home country under the Hague Convention?

In the case of G (A Child : Child Abduction) [2020] EWCA Civ 1185, the Court of Appeal has confirmed that, where a child has been granted refugee status in their own right, or has their own pending asylum claim, they cannot be returned under the Hague ...

18th September 2020 By

Iraqi military doctor wins refugee exclusion appeal

The extremely long-running case of AB (preserved FtT findings; Wisniewski principles) Iraq [2020] UKUT 268 (IAC) has finally been allowed outright, subject to any further appeal from the Secretary of State. The appellant, an Iraqi doctor employed to w ...

16th September 2020 By

Inner House ducks test case on judicial review time limits

In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applicat ...

15th September 2020 By

Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts

If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord Jus ...

8th September 2020 By

Bail accommodation system ruled “systemically unfair”

The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has ke ...

1st September 2020 By

Challenge to Brook House detention conditions rebuffed by High Court

The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticis ...

25th August 2020 By

No Home Office duty of care to migrants hit by delays confirming leave to remain

The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty to grant a person discretionary leave to remain and issue them with a letter to allow them to take up employment ...

21st August 2020 By

Local authorities may need permission to get British citizenship for children in care

Local authorities have recently made headlines for failing to regularise the immigration status of children in their care. As the case of Darrell and Darren Roberts sadly exemplifies, not taking care of the immigration or citizenship status of childre ...

18th August 2020 By

Human rights court approves deportation of man who arrived aged four

In Pormes v The Netherlands (application no. 25402/14), the European Court of Human Rights has approved the deportation of a man who had lived in the Netherlands between the ages of four and 29, on the basis of multiple convictions for indecent assaul ...

11th August 2020 By

Court of Appeal backs order to disclose refugee asylum records

The Court of Appeal has backed a High Court decision that a mother and child’s asylum records must be disclosed in family proceedings. In H (A Child) (Disclosure of Asylum Documents) [2020] EWCA Civ 1001, the court rejected arguments that the family ...

6th August 2020 By

Happy birthday from the Home Office: you’re being deported

In Mendes v Secretary of State for the Home Department [2020] EWCA Civ 924 the Court of Appeal considered the process for removing an EU citizen from the UK whilst they have a pending appeal against deportation. The legal issue is largely the same as ...

4th August 2020 By

When are costs in a Cart type judicial review decided?

The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for expenses in Cart/Eba type judicial review cases. The Court of Appeal has confirmed that the issue of co ...

31st July 2020 By

Landmark decision on “particular social group”

DH (Particular Social Group: Mental Health) Afghanistan [2020] UKUT 223 (IAC) is an important case for numerous reasons. It affirms the supremacy of the Refugee Convention 1951 over EU law by reference to the Convention’s object and purpose; it ...

27th July 2020 By

Appeals repair procedural unfairness in tax discrepancy cases

In the case of Ashfaq (Balajigari: appeals) [2020] UKUT 226 (IAC), the Upper Tribunal reiterates its previous findings that First-Tier Tribunal hearings provide appellants with the necessary opportunity to rebut findings of dishonesty by the Home Offi ...

21st July 2020 By

This is what the Court of Appeal decided about Shamima Begum – and what happens next

In Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918, the Court of Appeal has ordered that Shamima Begum be granted leave to enter the UK so that she can participate in her deprivation of citizenship appeal. The court also orde ...

16th July 2020 By

Immigration bail legislation means what it says, High Court confirms

In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh ...

16th July 2020 By

Judge orders Home Office to bring asylum seeker back to the UK

The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed to Nigeria in March 2018. The judgment is R (L) v Secretary of State for the Home Department [202 ...

13th July 2020 By

Man drawing UK state pension not allowed to claim carer’s allowance from Cyprus

The appellant in the case of Konevod v Secretary of State for Work And Pensions [2020] EWCA Civ 809 moved to Cyprus in 2014 to become a carer for a friend, Ms Ozturk. Both Mr Konevod and Ms Ozturk had lived and worked in the UK, qualifying for state ...

7th July 2020 By

Forced prostitution covered by Article 4, says European Court of Human Rights

S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety of international law sources. But its conclusion is straightforward: forced pro ...

6th July 2020 By

Appealing a refusal of permission for judicial review in Scotland

Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We have the “reclaiming motion”. “Court of Appeal ...

30th June 2020 By

Judge intervenes to end Home Office dithering over bail accommodation

In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detai ...

23rd June 2020 By

When is a policy not a policy? Tribunal tackles law on disclosure

BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considere ...

22nd June 2020 By

When is a foreign criminal not a foreign criminal?

That is the question answered by the Upper Tribunal in SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC). The appellant was convicted of murder and sentenced to 15 years’ imprisonment. So he is ...

22nd June 2020 By

Revocation challenge fails despite ten-year deportation delay

Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked. The case of FH v SSHD [2020] EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary ...

22nd June 2020 By

Extended family members can’t have any breaks in dependency on EU sponsor

Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has clarified points of law in favour of migrants but almost all have come far too late to be useful. The latest case of ...

16th June 2020 By
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