All Articles: Cases

Schrödinger’s appeal

Can an appeal be both finally determined and pending at the same time? This conundrum, akin to Erwin Schrödinger’s famous thought experiment involving a cat in a box with a lethal substance, was tackled by the Upper Tribunal in Niaz (NIAA 2002 s. 1 ...

7th January 2020 By

Duty to court means citing authorities against you, immigration lawyers told

The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the equivalent of a judicial smack on the hand. It is another reminder of the importance of wha ...

6th January 2020 By

No absolute confidentiality for asylum information in family cases

The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One such is the recent case of R v Secretary of State for the Home Department (Disclosure of Asyl ...

30th December 2019 By

Burden of proof on internal relocation still on appellant says Upper Tribunal

The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office identifies a potential safe haven. In MB (Internal relocation – burden of proof) Albania [2019] ...

23rd December 2019 By

When voluntary return is not voluntary at all

In recent years the United Kingdom government has resorted to indirect measures like the hostile environment to force people to leave the UK, alongside directly removing people. The government can then claim that the person left the UK voluntarily, an ...

20th December 2019 By

£1,000 child citizenship fee found unlawful

The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners who have long argued that the fee charged to register a child as British, which is set far above the ...

19th December 2019 By

Tribunal shoots down £100m investment visa loan scheme

The Upper Tribunal has shot down a scheme under which people looking for a Tier 1 (Investor) visa would borrow money from one company and invest in a closely related company. In a judicial review against the Home Office for refusing the Tier 1 (Invest ...

19th December 2019 By

Court of Justice case confirms lower legal protections for Brits visiting the EU after Brexit

In all likelihood, the events of last Thursday mean the UK will be exiting the EU on 31 January 2020 with a deal. This means EU law will remain in place during a transitional period at least until 31 December 2020. After this date, either the transiti ...

18th December 2019 By

Supreme Court says Zambrano test is usually a simple one

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of f ...

16th December 2019 By

Public interest in deporting criminals can be reduced, says Court of Appeal

The Court of Appeal has given judgment in Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098, a long-running appeal concerning the deportation of a man who was born in the UK in 1983, and has never left. In reversing (again) the decision of the Upper Tribuna ...

12th December 2019 By

Delay policy leaving trafficking victims in limbo found unlawful

The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human traf ...

11th December 2019 By

High Court win for Turkish citizens accused of dishonesty

In the case of R (Karagul & Ors) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin), the High Court has found that the Home Office breached the principle of procedural fairness when refusing applications under the Ankara Agreeme ...

10th December 2019 By

Avoiding the naughty step in Cart judicial review cases

On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”.  Unaware at the start of t ...

9th December 2019 By

Home Office fails to disclose file note vital to unlawful detention case

Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Membe ...

5th December 2019 By

Risk of trauma for children not enough to prevent deportation

For those lawyers, like my Lord and myself, who have spent many years practising in the family jurisdiction, this is not a comfortable interpretation to apply. But that is what Parliament has decided… So held Lord Justice Baker, giving judgment in S ...

5th December 2019 By

Appeal overturned after bus stop rant by court interpreter

An asylum appeal by an Eritrean woman, initially rejected by an immigration judge, has been overturned by the Upper Tribunal after it emerged the court interpreter embarked on a political rant to the woman’s barrister at the bus stop outside court a ...

29th November 2019 By

Invalid applications: beware of old demons coming back to haunt you

There’s been a lot written on this blog recently about overstaying. Why do we keep banging on about it, you may ask? Because even a short period of technical overstaying, even if entirely innocent and endorsed by the Home Office, can cause problems ...

28th November 2019 By

Child abuse victim given deportation reprieve

The Court of Appeal has given judgment in CI (Nigeria) v SSHD [2019] EWCA Civ 2027, providing further guidance on the law relating to the deportation of foreign criminals, and in particular on the meaning in section 117C(4) of the Nationality Immigrat ...

27th November 2019 By

Supreme Court finds detention of asylum seekers unlawful

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...

27th November 2019 By

A respondent cannot withdraw an appeal, confirms the Upper Tribunal

“Be careful what you wish for!”, could be the headline for the case of Ahmed (rule 18; PTA; Family Court materials) Pakistan [2019] UKUT 357 (IAC). Haseeb Ahmed, a Pakistani citizen, was initially refused an application for leave to remain by the ...

26th November 2019 By

Good Friday Agreement doesn’t stop Northern Irish people being born automatically British

Most people born in Northern Ireland have or are entitled to dual citizenship, British and Irish. Generally people apply for the passport of the country which they identify with — nationalists for Irish passports, unionists for British — a ...

25th November 2019 By

Immigration judges told how to handle Somalian refugee cessation cases

The Upper Tribunal has provided guidance on how First-tier Tribunal judges should approach attempts by the Home Office to revoke refugee status from Somalian nationals. SB (refugee revocation; IDP camps) Somalia [2019] UKUT 358 (IAC) confirms that it ...

21st November 2019 By

54-day stopover counts as “in transit” for Refugee Convention

In Idahosa v R [2019] EWCA Crim 1953 the Court of Appeal has ruled that an asylum seeker who had stopped over in the United Kingdom for 54 days en route to Canada can rely on the exception to false documents offences available to refugees. The court t ...

20th November 2019 By

EU children can be lawfully resident in the UK without exercising treaty rights

The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Huma ...

19th November 2019 By

Government forced to change trafficking appeals policy after High Court finds it unlawful

Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required offic ...

18th November 2019 By

Upper Tribunal opens door for trafficking challenges in human rights appeals

The Upper Tribunal has ruled that human rights appeals may be allowed on the ground that the Secretary of State has unlawfully failed to acknowledge that the appellant is a victim of trafficking. DC (Trafficking, Protection/Human Rights appeals : Alba ...

15th November 2019 By

Complete withdrawal of asylum support breaches EU law

The Court of Justice of the European Union has ruled that it is unlawful to completely withdraw all housing and financial support from an asylum seeker, even if they have breached the rules of an accommodation centre. In Case C-233/18 Haqbin v Federaa ...

14th November 2019 By

Court of Appeal revisits human rights in immigration appeals

Following on from the Court of Appeal’s recent human rights “cheatsheet” in GM (Sri Lanka) v Secretary of State for the Home Department, we now have a gem of a sequel that is Lal v Secretary of State for the Home Department [2019] EWCA Civ 1925. ...

13th November 2019 By

Escaped Tamil prisoners are at risk in Sri Lanka, Court of Appeal confirms

The Court of Appeal has overruled both immigration tribunals and found that members of the Tamil Tigers who were detained but escaped are at risk of persecution in Sri Lanka. The judgment in RS (Sri Lanka) v Secretary of State for the Home Department ...

1st November 2019 By

Asylum seeker with autistic child unlawfully housed in studio flat

The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Ad ...

29th October 2019 By