All Articles: Court of Appeal

No costs awarded where claimant got interim relief but legal issues unresolved

In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying lega ...

30th November 2021 By

Court of Appeal tells SIAC to pay more respect to Home Office on national security

Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is t ...

26th November 2021 By

Reopening a finalised immigration appeal is actually pretty hard

It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly ...

24th November 2021 By

Reconciliation with victim a factor against deportation

In SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566, the Court of Appeal has reiterated the correct approach to deportation appeals involving the potential separation of children from their parents. This unusual appeal ...

9th November 2021 By

Confirmed: Home Office can ignore human rights claims

The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for ...

21st October 2021 By

Can an immigration decision be put on ice during a criminal investigation?

This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats. Challenge to five-year delay pending fraud inves ...

19th October 2021 By

Court of Appeal clears up how Article 8 works in Dublin III family reunion cases

In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an ...

13th October 2021 By

Immigration application made during visa expiry grace period is not “in time”

When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration ...

15th September 2021 By

Court of Appeal confirms that 3C leave can be revived

When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s v ...

31st August 2021 By

Court of Appeal lays down hyper-strict approach to EU asylum claims

ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considere ...

11th August 2021 By

Deportation of father not “unduly harsh” on child in loving home

A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the ...

10th August 2021 By

Passports can be issued to British children abroad without abusive father’s consent

In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous ...

5th August 2021 By

Visit visas can count towards ten years’ long residence

When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended ...

21st July 2021 By

Upper Tribunal can accept late acknowledgment of service in judicial review cases

The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in R (KA) v Secretary of State for the Home Department [2021] ...

14th July 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By

Immigration tribunal can reject expert evidence

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required t ...

29th June 2021 By

Upper Tribunal rebuked for failing to understand its job (again)

The Court of Appeal has rebuked the Upper Tribunal for reversing an immigration judge’s decision without identifying an error of law. The Upper Tribunal’s jurisdiction to allow an appeal from the First-tier Tribunal depends on having first ide ...

24th June 2021 By

Getting permission to remain in the UK as an adult dependent relative: not likely

Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the ...

16th June 2021 By

Rehabilitative work in the community no barrier to deportation

In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation. Not a great deal, conclu ...

9th June 2021 By

Murderer’s bid to be deported foiled by extradition request

A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home De ...

3rd June 2021 By

Trafficking authorities not experts on trafficking says criminal Court of Appeal

The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply ...

1st June 2021 By

Migrants win improved access to personal data held by the Home Office

Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who hav ...

27th May 2021 By

Man who won British citizenship by fraud gets to keep it thanks to Home Office inaction

An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary ...

24th May 2021 By

Criminality undermines strong private life case in deportation appeal

In KM v Secretary of State for the Home Department [2021] EWCA Civ 693, the Court of Appeal concluded that someone with an otherwise “strong” case for remaining in the UK based on their private life might not have a “particularly str ...

20th May 2021 By

Appeal judges grapple with gaps in lawful residence

In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a second decision letter which generated a right of appeal might have continued the appellant’s lawful residence when ...

19th May 2021 By

Prosecutions for assisting unlawful immigration in small boats cases: the key to acquittal

On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which will now be lifted. The appeal and subsequent acqui ...

17th May 2021 By

“Hand on the tiller” prosecution for assisting unlawful immigration fails

Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossin ...

14th May 2021 By

Court of Appeal considers unduly harsh deportation test (again)

The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Departmen ...

13th May 2021 By

£100 million investment visa loan scheme ruled legal after all

A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous U ...

12th May 2021 By

Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of ...

19th April 2021 By

Confirmed: no right of appeal where limited instead of indefinite leave is granted

When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held President Lane of the Upper Tribunal last year in the case of Mujahid [2020] UKUT ...

7th April 2021 By

Court of Appeal criticises ambiguous language in immigration tribunal judgments

In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’ ...

31st March 2021 By

Grace period for overstayers cannot be relied on twice

The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Excepti ...

22nd February 2021 By

£1,012 child citizenship fee confirmed unlawful by Court of Appeal

Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens ...

19th February 2021 By
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