All Articles: Cases

Nigerian country guidance case strengthens protection for trafficked women

In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order ...

25th October 2016 By

Supreme Court finds British nationality law discriminatory, allows appeal on human rights grounds

The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was discriminatory, it has continuing consequences which breached a person’s human rights in a disc ...

20th October 2016 By

New Country Guidance case on Eritrea finds real risk on return

The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean ...

11th October 2016 By

EU derived rights of residence not automatically lost if crime is committed

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case m ...

3rd October 2016 By

Fresh claims *might* generate right of appeal after all

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: ...

26th September 2016 By

Worker status, unemployment and genuine prospects of finding work in EU law

Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her status as a worker during a period of unemployment. The cases are KS v Secretary of State for Work and Pensions ...

26th September 2016 By

No right of appeal against refusals for extended family members rules tribunal

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended ...

21st September 2016 By

Dura Lex, Sed Lex: Refugee children must remain in Calais says Court of Appeal

The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here. But the courts are seemingly doing their best to help. The Court of Appeal’s judgment in Secretary of State for ...

7th September 2016 By

Home Office publishes new Eritrea country information and fact finding report

The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy documents on illegal exit from Eritrea and military service. From a quick glance, it looks like there is lit ...

10th August 2016 By

New Home Office API on gay asylum claims: not fit for purpose

The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum clai ...

8th August 2016 By

Court of Appeal gives (more) guidance on deportation cases

The Court of Appeal has given further guidance on the convoluted and badly drafted statutory presumptions on human rights in UK law. Trying to make sense of interlocking provisions in the UK Borders Act 2007, the Immigration Rules as amended (and amen ...

3rd August 2016 By

Discriminatory to deny refugee spouses right to settle under domestic violence rule

In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called ‘domestic violence concession’ (DVC) in Section DVILR of the Immigration Rules discriminates against such spouses ...

27th July 2016 By

Prosecutions for telling the truth

In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] ...

26th July 2016 By

Serial criminal to be deported despite impact on his children

If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun and imprisoned, do not be surprised that only the most exceptional circumstances will s ...

15th July 2016 By

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more

The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had live ...

7th July 2016 By

CJEU judgment on domestic violence victims: NA C-115/15

Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is ...

6th July 2016 By

Rwandan considered involved in genocide wins UK settlement appeal

The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities to have been involved in crimes against humanity, specifically genoc ...

28th June 2016 By

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