All Articles: Cases

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

“Powerful reasons” needed to remove a child from UK after seven years

In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when decidi ...

26th March 2018 By

Tribunal reclaims jurisdiction to review deprivation of citizenship discretion

The number of cases of deprivation of British citizenship has risen sharply in recent years. For an in-depth look at the issues, see my earlier post on The rise of modern banishment: deprivation and nullification of British citizenship. The increasin ...

22nd March 2018 By

Risk of absconding is not a trump card in unlawful detention cases

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on a ...

19th March 2018 By

Tier 2 chef tripped up by TripAdvisor review

The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, it had a Tier 2 sponsor licence, meaning that it could sponsor workers from o ...

16th March 2018 By

Running a business may amount to private life for the purposes of Article 8

On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life ...

12th March 2018 By

Home Office can only grant asylum to claimants in the UK, says Court of Appeal

The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is n ...

9th March 2018 By

Do unrecognised adoptions confer EU free movement rights? Maybe…

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the  ...

15th February 2018 By

Immigration detention system failing mentally ill, Court of Appeal finds

Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ ...

12th February 2018 By

Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

The Supreme Court has opened up British citizenship by double descent to all children born between 1949 and 1983 to British women. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered ...

8th February 2018 By

No psychological tests on gay asylum seekers, Court of Justice rules

In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identi ...

25th January 2018 By

Court of Appeal stomps on human rights appeals for visitors

The Court of Appeal has dealt a serious blow to rights of appeal for visitors to the UK. Here we analyse the legal situation and take a look at the three judgments. ...

11th January 2018 By

Trafficking victim wins £260k damages, does not see a penny

How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Le ...

10th January 2018 By

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By
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