All Articles: Court of Appeal
Choice of religious upbringing for child not a basis for international protection
In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from Malaysia after the father said he was to convert to Islam, fearing that their child would be brought up a M ...
19th July 2013Permanent residence for bereaved spouse
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married to an EU citizen with permanent residence who died after experiencing permanent incapacity to w ...
28th June 2013Convictions of trafficking victims quashed, new guidance given
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the very activity into which the victim was forced. It may seem strange that it is the victims of traf ...
24th June 2013Home Secretary Succeeds in Terror Suspect Citizenship Deprivation Appeal
The Court of Appeal (CA) has in the case of B2 v Secretary of State for the Home Department [2013] EWCA Civ 616 (24 May 2013) allowed the Home Secretary (SSHD) to deprive a British-Vietnamese dual national of British citizenship following his allege ...
7th June 2013The Court of Appeal’s judgment in Chapti/Bibi on pre-entry English tests
It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil partners). It was argued in Chapti & Ors, R (on the application of) v ...
15th April 2013No Removals to Cyprus
The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ ...
28th March 2013EU Afghanistan and family tracing: the retreat from KA
Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and others (Afghanistan). In EU the Court of Appeal, Sir Stanley Burnton ...
26th March 2013Burmese Country Guidance case found legally flawed
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively over ...
19th February 2013Awards of costs in immigration cases
Litigation is an expensive business, and immigration is a litigious business. As the recent brouhaha around judicial review revealed, the vast majority of judicial review cases in the High Court and on appeal up to the Court of Appeal and Supreme Cour ...
28th January 2013Court of Appeal grapples with Zambrano
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of St ...
17th January 2013The Outer Limit
The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers fo ...
30th October 2012Important new deportation cases
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 and concerns the interaction of family and immigration law. The second i ...
26th October 2012Acquiring and losing free movement rights
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of ...
2nd October 2012Significant step forward for young asylum seekers
The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s duty toward unaccompanied minors, in particular her duty to tr ...
24th August 2012No new evidence in Points Based System appeals
In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the Home Department [2012] EWCA Civ 9 ...
17th July 2012Zimbabwe Country Guidance case overturned
In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...
16th July 2012Country Guidance cases reviewed
In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out an ...
16th July 2012More unlawful detention cases
There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and for longer periods than ever before, the aftermath of the secret and unlawful presumption of detention po ...
9th May 2012Important judgment on value of medical reports
The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 52 ...
8th May 2012Other dependent relatives
A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month and has so far escaped reporting here on Free Movement due to other commitments. The cas ...
20th April 2012Second appeals test
UPDATED AND REVISED Judgment was handed down this morning by the Court of Appeal in a test case on the nature of the second appeals test in immigration and asylum cases. The case name is JD (Congo) & Ors v Secretary of State for the Home Departmen ...
16th March 2012No changing horses in mid stream
In the second Court of Appeal judgment from last week in which Zane Malik was Counsel for the Appellant, that of Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, the same bench has given another judgment that many migrants ...
15th March 2012Near Miss for Near Miss?
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short o ...
14th March 2012Maslov and the bright line
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion ...
13th February 2012Turf war’s genesis
Pierce Glynn and Stephen Knaffler QC have broadened the path (pun intended*) with SL and Westminster City Council (The Medical Foundation and Mind intervening) [2011] EWCA Civ 954. The case concerns a failed asylum seeker who, following a period as ...
16th August 2011Meaning of ‘false representation’: AA Nigeria case
The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to cases of deliberate falsehood rather than accidental mistake. The case is AA ...
13th July 2010