All Articles: Court of Appeal

If something is required by the Immigration Rules, it must be possible, appeal judges declare

Prior to the closure of the Tier 1 (Entrepreneur) route, the main requirement was evidence that an applicant had access to funds for investment in their proposed venture. The Immigration Rules permitted applicants to rely on their own funds, or altern ...

20th January 2020 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

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

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

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

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

Last gasp of the take-away rule

Just when you thought the rule excluding chefs at take-away restaurants from the Tier 2 Shortage Occupation List had been tested to destruction, there arrives yet another valiant attempt to navigate this uber-niche corner of a corner of the Immigratio ...

28th October 2019 By

Court of Appeal reopens possibility of asylum for Ukrainian draft evaders

Last year, the Upper Tribunal refused to recognise my client PK as a refugee, despite acknowledging the risk of a Ukrainian conscript being associated with organisations committing acts contrary to international humanitarian law. This resulted in th ...

25th October 2019 By

Old convictions very much count towards a new deportation order

Someone sentenced to more than four years’ imprisonment is in the most serious category of offender for the purposes of deportation law, no matter how long ago that sentence was, the Court of Appeal has confirmed. The case is OH (Algeria) v Secr ...

24th October 2019 By

Refugees’ dependants can be sent packing if country of origin circumstances have changed

A grant of refugee status usually involves acceptance that a particular set of circumstances exist which would make it unlawful for a person to be returned to their country of origin. But circumstances change, and this can have a knock-on effect on wh ...

17th October 2019 By

Relatives of refugees are not legally refugees after all

The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for the family members of refugees. As a result, anyone who was granted refugee status under UK law as the fa ...

16th October 2019 By

Court of Appeal cheatsheet on human rights in immigration cases

In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European C ...

8th October 2019 By

Government can be liable for costs in Cart type judicial review cases

The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and A ...

22nd August 2019 By

Trafficking victim successfully overturns ten-year-old conviction

O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this case the Court of Appeal (Criminal Division) decided to quash a 2008 conviction because the prosecution had not ev ...

14th August 2019 By

Senior judges despair of “Byzantine” immigration laws

Always a worry (but never a surprise) when Court of Appeal judges start off a judgment by saying that the case “has a tortuous procedural history”, is “highly technical” and involves “Byzantine… provisions” of immigration law. Firdaws v ...

31st July 2019 By

Refugee status can be taken away even if threat of persecution still looms

In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office can cease refugee status where there has been a change of circumstances in the refugee’s country of origin such ...

30th July 2019 By

Win a deportation appeal? You can still be deported, Court of Appeal holds

If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending? In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appea ...

24th July 2019 By

Tribunal told to think again on exclusion from refugee status of Iraqi military doctor

The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253, involving an Iraqi doctor who was formerly employed to care for prisoners by Iraqi ...

22nd July 2019 By

What does “unduly harsh” mean in deportation cases?

In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had pr ...

17th July 2019 By

Tough approach on admitting new evidence before the Upper Tribunal

The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. ...

16th July 2019 By

Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation

The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Depar ...

15th July 2019 By

Father of three with sickle cell disease faces deportation for drug offences after six-year appeal saga

The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK court system for over six years. It appears the case has finally been settled by the Court of Appeal – on i ...

9th July 2019 By

Irritated Court of Appeal takes judges and lawyers to task over immigration appeals

In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri La ...

8th July 2019 By

Does ANY overstaying rule out settlement after 10 years’ long residence? Confusion after Court of Appeal ruling

Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be “continuous” if it involved short gaps between lawful periods of leave where an applicant has oversta ...

27th June 2019 By

Detention in a young offender institution can nullify enhanced protection against deportation

Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail, the Court of Appeal has held. The case is Secretary of State for the Home Department ...

26th June 2019 By

Court of Appeal quashes clearly unfounded certificate in Albanian asylum claim

This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 951, the court found that the Home Office had not properly inv ...

21st June 2019 By
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