All Articles: Cases

Ten-minute asylum interview enough to meet ECHR obligations before removal

In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to use summary removal to get rid of asylum seekers. The decision continues the courtR ...

7th April 2020 By

Not unfair to proceed with hearing after appellant’s lawyer stormed out, tribunal finds

Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In res ...

2nd April 2020 By

What happens when a variation application is invalid?

This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC). Mr Bajracharya made an application to remain in the UK on the basis of hi ...

1st April 2020 By

Mixed messages on delays during detention from the High Court

R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant ...

31st March 2020 By

Home Office can ignore human rights claims bolted on to normal immigration applications

The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of domestic abuse, and in appeal rights more generally. The Upper Tribunal has ruled that the Home Office can ...

30th March 2020 By

You can now raise new matters before the Upper Tribunal

In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person wrongly believed that they had indefinite leave to remain. It also identifies a loophole ...

26th March 2020 By

Prison time doesn’t count as “residence” in establishing enhanced EU law protection against deportation

A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases ...

24th March 2020 By

Who counts as a “partner” for the purposes of deportation law?

When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one particularly heated exchange regarding the enforcement of this rule, I recall a tedious and ...

20th March 2020 By

Home Office can refuse settlement to those on long-term Discretionary Leave

Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever depart from this policy? The Upper Tribunal judgment in R (Ellis) v Secretary of ...

20th March 2020 By

Supreme Court says immigration tribunal can decide for itself if appellant was trafficked

In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed that the immigration tribunal can and must decide for itself whether an appellant was a victim of trafficking. ...

18th March 2020 By

Family life: substance over form

Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals provides the judges who serve in his Immigration and Asylum Chamber with very strong guidance on mixed cred ...

18th March 2020 By

Long waits for visa documents may give rise to compensation

The Home Office may have to pay compensation in the case of major blunders, the Court of Appeal has said in a significant new ruling, Hasson v Secretary of State for the Home Department [2020] EWCA Civ 329. Challenging an impressive new low by the Hom ...

16th March 2020 By

Legal battle to stop Home Office dispatching a 10-year-old for female genital mutilation

The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to remove to Bahrain. The case is A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC ...

13th March 2020 By

EU citizens are protected by EU law, High Court reminds government

The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] ...

9th March 2020 By

Removing Afghan Sikhs does not breach their Article 3 rights

The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years has meant that 99% have now emigrated. The United Nations and other international observers estimate t ...

5th March 2020 By

Sudanese man unlawfully refused indefinite leave to remain after domestic abuse

The case of R (Suliman) v Secretary of State for the Home Department [2020] EWHC 326 (Admin) is a welcome reminder to the Home Office that there may be an array of reasons for a victim of domestic abuse not to tell the authorities. Mr Suliman is a Sud ...

4th March 2020 By

Judicial review challenge to restricted leave policy fails

The Upper Tribunal has dismissed a judicial review of the restricted leave policy. This policy governs the grant of leave to remain in the UK to people who the Home Office wishes to remove but cannot because it would breach the European Convention on ...

3rd March 2020 By

Upper Tribunal grants refugee family reunion outside the Immigration Rules

KF et ors (entry clearance, relatives of refugees) Syria [2019] UKUT 413 (IAC) concerns an 18-year-old Syrian refugee sponsor, whose mother, father and younger siblings applied for family reunion with him. The key principles identified by the tribunal ...

3rd March 2020 By

Migrant victim of domestic abuse successfully campaigns for change to student loan rules

In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against migrant victims of domestic violence and abuse. The rules required three years’ lawful ...

2nd March 2020 By

The gospel according to Iran: new country guidance case on Christian converts

Over 11 years since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 82, the Upper Tribunal has revisited the question of risk on return for certain groups of Christians in Iran. The result is PS (Christianity – risk) ...

27th February 2020 By

Supreme Court: detention is unlawful if based on unlawful deportation order

The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself ...

26th February 2020 By

Having a British child “not necessarily a weighty factor” in deportation cases

Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an appeal brought by Mr Patel, an Indian citizen, against ...

25th February 2020 By

Mother of two British children denied visa to move with them to the UK

The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citiz ...

24th February 2020 By

Mass pushbacks of migrants not always a violation of human rights, Grand Chamber rules

In a mammoth new judgment the Grand Chamber of the European Court of Human Rights has developed a significant exception to the general prohibition on summary removal of migrants without consideration of their individual circumstances. In recent years ...

20th February 2020 By

Court of Appeal lowers the bar for refusing tax discrepancy cases

In the case of Tahir Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157, the Court of Appeal has reiterated that refusals on the ground of character or conduct require a balancing exercise, taking into account both positive and ne ...

19th February 2020 By

Dutch man wins deportation appeal after judge messes up legal test

The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple layers of protection from deportation which EU citizens enjoy. In particular, it focuses on the importance ...

18th February 2020 By

Don’t clog up the Admin Court with damages claims, warns Court of Appeal

The Court of Appeal in ZA (Pakistan) v Secretary of State for the Home Department [2020] EWCA Civ 146 has made a plea to lawyers to transfer their wrongful detention claims to the Queen’s Bench Division or County Court once the detention issue h ...

17th February 2020 By

Terrorism suspects are still entitled to immigration bail

In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a pres ...

14th February 2020 By

Surinder Singh route still requires genuine residence abroad

The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there. In Kaur & Ors v Secretary of ...

13th February 2020 By

Unlawful “curfew” amounted to false imprisonment at common law, Supreme Court confirms

In a pointed reminder, perhaps, to those in government threatening to “update” the Human Rights Act, Lady Hale began her Supreme Court judgment in the case of R (Jalloh) v SSHD [2020] UKSC 4 thus: The right to physical liberty was highly p ...

12th February 2020 By

Trafficked woman who fled prostitution gave birth in prison after false passport conviction

In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against victims of human trafficking. This includes using the common law to protect the right ...

10th February 2020 By

Shamima Begum loses statelessness argument against citizenship deprivation

Shamima Begum is a citizen of Bangladesh and so would not be made stateless by being stripped of her British citizenship, the Special Immigration Appeals Commission has held. The main SIAC judgment is Shamima Begum (Preliminary Issue : Substansive) [2 ...

7th February 2020 By

Somaliland marriages are valid

The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to practitioners with clients who got married in Somaliland and wish to rely on that marriage for immigration purposes. Spoiler: ...

6th February 2020 By

Abandonment of appeals and section 104 notices

MSU (S.104(4b) notices) Bangladesh [2019] UKUT 412 (IAC) considers section 104 of the Nationality, Immigration and Asylum Act 2002 (as heavily amended), which says that an appeal shall be treated as abandoned if the appellant is granted leave to enter ...

31st January 2020 By
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