All Articles: Court of Appeal

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

Work visa refusal based on “genuine vacancy” rule declared irrational

Where a company sponsors a worker from overseas to fill a vacancy in the UK they must only do so if that vacancy is “genuine”. The case of R (Suny) v SSHD [2019] EWCA Civ 1019 arose from a disagreement between a sponsored worker and the Ho ...

25th 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

A concrete example of how to meet the “very compelling circumstances” deportation test

The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example of the kind of human rights arguments that will sway judges in this notoriously difficult area ...

17th June 2019 By

Blood feuds: what happens when the Home Office shares information with the Albanian authorities?

AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should take to factual findings made by another tribunal judge in a related appeal. In this case, AL’s elder brot ...

13th June 2019 By

Helpful case on when failure to claim asylum in a safe country damages credibility

Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure to do so should damage their credibility, the Court of Appeal has ruled. KA (Afghanistan) v Secr ...

12th June 2019 By

Split Court of Appeal finds asylum seeker age assessment policy unlawful

It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of three Lord Justices declared that Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF ...

28th May 2019 By

“In limbo”: migrants stripped of leave to remain in the UK but can’t be removed

The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in thei ...

24th May 2019 By

Court of Appeal overturns decision to prosecute victim of trafficking

The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R [2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted fo ...

14th May 2019 By

Refugee to be deported to Somalia after 30 years in UK following robbery conviction

The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British chi ...

9th May 2019 By

Is it lawful to put immigration detainees in solitary confinement?

This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention. They are R (Muasa) v Secretary of State for the Home Department [2017] EWHC 2267 (Admin) and R (TM (Kenya ...

8th May 2019 By

How to invest: Court of Appeal gives important guidance to entrepreneurs

One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications. The important case of R (Sajjad) ...

24th April 2019 By

Major judgment finds Home Office policy of ejecting migrants over tax discrepancies “legally flawed”

The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in the ...

16th April 2019 By

Yet more guidance on automatic deportation

The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of St ...

16th April 2019 By

Important new judgments on KO (Nigeria) case and removing migrants with children in the UK

The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child ...

15th April 2019 By

Carer for 87-year-old British woman allowed to stay in the UK after Zambrano appeal

An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the ...

12th April 2019 By

Migrants can be deported as “persistent offenders” even if crime-free for years

The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State f ...

8th April 2019 By

Helpful decision on evidential flexibility nevertheless demonstrates failure of Points Based System

Almost as soon as a court has provided substantive guidance on a particular area of immigration law, the law seems to change. So it is in R (Islam) v Secretary of State for the Home Department [2019] EWCA Civ 500. The Court of Appeal in this case take ...

1st April 2019 By

Court of Appeal corrects country guidance on Ahmadis from Pakistan

In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKU ...

12th March 2019 By

Dublin III detention regulations comply with EU law

The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Dete ...

7th March 2019 By

“Fairness” in immigration cases is overrated says Court of Appeal

Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness and the Points Based System, and in particular a decision of Mr Justice Blake in Patel (Revocation ...

20th February 2019 By

Don’t forget about Article 8 in asylum cases

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...

19th February 2019 By

Blocking deportation: seven tips for an appeal-proof tribunal judgment

The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free ...

28th January 2019 By

Home Office wins Turkish Ankara appeal rights case

In the case of R (Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin), Mr Justice Holman had granted the claimant’s judicial review on traditional public law grounds of unfair decision making. He had also held that the abo ...

24th January 2019 By

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