All Articles: Cases

Genuine students and ECO interviews

Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine student” I was interested to see the new case of R (on the applicat ...

17th May 2015 By

Wasted costs ordered against solicitor and counsel and case struck out

In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant̵ ...

14th May 2015 By

What amounts to a “human rights claim” generating a new right of appeal?

Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act ...

29th April 2015 By

Can you make a new application while awaiting outcome of another application or appeal?

The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Coun ...

23rd April 2015 By

Mind the gap: immigration rules and human rights are not coterminous

In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are ...

22nd April 2015 By

Upper Tribunal on meaning of very compelling circumstances

The latest from the Upper Tribunal on the statutory presumptions on human rights cases introduced by the Immigration Act 2014 is the case of Chege (section 117D : Article 8 : approach : Kenya) [2015] UKUT 165 (IAC). The determination seems very deepl ...

20th April 2015 By

What is a “reasonable period” for immigration detention?

In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention ...

10th April 2015 By

Court has no “superhero” jurisdiction says Home Office in unlawful detention case

In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State inde ...

2nd April 2015 By

Supreme Court Backs Government Rejection of Statelessness Claim

Rather than write my own detailed piece on the Supreme Court’s judgment in Pham v Secretary of State for the Home Department [2015] UKSC 19 I’m mainly going to refer you an excellent piece by Simon Cox on the Open Societies Foundation webs ...

1st April 2015 By

Successful judicial review claim by trafficking victim

A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department [2015] EWHC 844 (Admin) (26 March 2015). Philip Mott QC sitting as a Deputy High Court Judge found tha ...

27th March 2015 By

High Court finds Tier 1 Entrepreneur landline requirement irrational

The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding ...

23rd March 2015 By

Meaning of “totally without merit”

Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether per ...

19th March 2015 By

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 2015 By

Backdating welfare benefits payments to those recognised as refugees in the UK

In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payme ...

12th March 2015 By

Home Office asserts Jamaica safe in general despite persecution of LGBT community

The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to ...

11th March 2015 By

Visitor appeal succeeds on human rights grounds

In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the que ...

10th March 2015 By

Tribunal pronounces on statutory human rights considerations

In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002, introduced by the Immigration Act 2014. The Court of Appeal has already had its say in the c ...

4th March 2015 By

Out with the old, in with the new: Edgehill, Haleemudeen and now Singh

Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it? The answer, according to Court of Appeal in Singh v Secretary of State for the Home Department [2015] EWCA Civ ...

23rd February 2015 By

Important Presidential decision on costs in immigration cases

The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order to give guidance on when legal costs might become payable in ...

13th February 2015 By

New Zambrano case: Good news and bad news for Zambrano carers

Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the amendment to the habitual residence test in November ...

10th February 2015 By

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally

The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by P ...

10th February 2015 By

Human rights, private life, paragraph 276ADE, suitability and ties

Bossadi (paragraph 276ADE; suitability; ties) [2015] UKUT 00042 (IAC) is very short but somewhat less than sweet. A panel of the tribunal tries to row back from the earlier case of Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) an ...

9th February 2015 By

No broadening of Article 3 test in health cases

Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health ...

4th February 2015 By

McCarthy and EU family permits

Last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of E ...

29th January 2015 By

“Wing and a prayer” grounds of appeal criticised by President

President Mr Justice McCloskey has criticised the Home Office for submitting “wing and a prayer” grounds of appeal to the Upper Tribunal and the judge who granted permission to appeal. The case is MR (permission to appeal: Tribunal’s app ...

27th January 2015 By

New Country Guidance case on Darfuris and Sudan

MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is state ...

12th January 2015 By

Upper Tribunal: Merry Christmas Pakistani Christians! Appeals dismissed…

In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakista ...

23rd December 2014 By

Legal Aid and ‘exceptional’ case funding

In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 has upheld Collins J’s finding that the Exceptional Case Funding ( ...

22nd December 2014 By