All Articles: Cases

Court of Justice to decide whether self-employed women have Saint Prix maternity rights

In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the European Union. The question is whether an EU national who was self-e ...

22nd May 2018 By

High Court throws spanner in the works of automatic detention policy

The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the ...

21st May 2018 By

Asylum can be refused for general promotion of terrorism

The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 decided that the appellant was disqualified from refugee status because he had incited terrorist acts in general. There was no requirement for there to ...

17th May 2018 By

Court of Appeal weighs in on “persistent offenders”

The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. Its discussion of the concept, ...

17th May 2018 By

Where’s the beef? Court criticises quality of Article 8 applications

The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...

16th May 2018 By

No legitimate expectation arises from a chat with the Business Helpdesk

The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the ...

15th May 2018 By

High Court remedy for woman embroiled in disputed citizenship claim

Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British National ...

14th May 2018 By

Entry bans don’t preclude residence card applications, says Court of Justice

Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the co ...

11th May 2018 By

Humanitarian standards are not the test for a cessation decision

In Secretary of State for the Home Department v MA (Somalia) [2018] EWCA Civ 994 the Court of Appeal grappled with the thorny question of what issues are relevant when a decision-maker is assessing the cessation of refugee status under the Qualificat ...

11th May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

Can war criminals be expelled or excluded under EU law? It depends

The enhanced protection in Article 28(3) of Directive 2004/38/EC — that a person may only be expelled on “imperative grounds of public security” if they have resided in a member state for ten years prior to the decision to expel them — ...

9th May 2018 By

The public interest in deporting criminals: a triple threat

The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factua ...

3rd May 2018 By

Carriers’ liability: Ryanair challenges the Secretary of State – and loses

In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of a £2,000 fine on it for carrying a man from Germany to the UK who, said the Secretary of State, ha ...

1st May 2018 By

High Court’s denunciation of immigration lawyers will have a chilling effect

A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulat ...

27th April 2018 By

Subsidiary protection for people intentionally deprived of healthcare

In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary pro ...

25th April 2018 By

Adult dependent relatives: still shut out?

In Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611, the Court of Appeal reaffirmed the “rigorous and demanding” nature of the adult dependent relative rules, following the judgment in BRITCITS v Secretary of State for the Home Depa ...

24th April 2018 By

Court of Appeal to Home Office: go away

When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This is what the Home Office did when applying for permission to appeal in Secretary of State for the Home Department v Barry ...

23rd April 2018 By

The European Court of Justice could extend Surinder Singh rights to unmarried partners

On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice of the European Union, by the former President of the Upper Tribunal, McC ...

19th April 2018 By

Upper Tribunal publishes new Afghanistan country guidance

The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the ...

18th April 2018 By

No permanent residence, no enhanced protection from deportation

Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vome ...

17th April 2018 By

Tribunal finally asks: what is a human rights appeal anyway?

Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? Th ...

16th April 2018 By

Court of Appeal upholds deportation of foreign criminal (again)

In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions ...

12th April 2018 By

Good news for people appealing curtailment of leave on human rights grounds

Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a leave curtailment. The case is Tikka v Secretary of State for the Home Departm ...

10th April 2018 By

Court of Appeal refuses to put burden of proof on slavery victims in criminal trials

MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, th ...

9th April 2018 By

No right of appeal under EEA Regulations against notice of removal window

Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application ...

6th April 2018 By

Unlawful delays by the Home Office: a line in the sand

Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can successfully claim for damages under the Human Rights Act 1998. The Home Office ...

5th April 2018 By

Déjà vu as Strasbourg approves deportation of Nigerian drug trafficker

The judgment of the European Court of Human Rights in Ejimson v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the court found that a Nigerian national convicted of drug-related c ...

3rd April 2018 By

Immigration officers do not need to comply with PACE during enforcement raids, says Upper Tribunal

In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising po ...

27th March 2018 By
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