All Articles: Court of Appeal

Running a business may amount to private life for the purposes of Article 8

On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life ...

12th March 2018 By

Home Office can only grant asylum to claimants in the UK, says Court of Appeal

The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is n ...

9th March 2018 By

Appeal judges take firm line on settlement for people committing crimes against humanity

The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration Rule 276B. The court highlighted the tensions between the Home Office policy, the application of the Immigra ...

7th March 2018 By

Stateless child denied leave to remain

In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 4 ...

5th March 2018 By

Lawyers criticised for misleading court in bid to prevent high-profile removal

The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken plac ...

26th February 2018 By

Government stance on residence permits for trafficking victims declared unlawful

The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of State ...

14th February 2018 By

Immigration detention system failing mentally ill, Court of Appeal finds

Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ ...

12th February 2018 By

Court of Appeal gives authoritative guidance on Article 3 medical cases

The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court ...

5th February 2018 By

The spider’s web of the Points Based System

The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, the latest decision in a long line ...

1st February 2018 By

Unaccompanied children and Dublin III: the latest instalment

In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The c ...

26th January 2018 By

Returning from outside the UK to challenge deprivation of citizenship

What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicia ...

22nd January 2018 By

Court of Appeal gets it badly wrong on out-of-country appeals

When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the ...

18th January 2018 By

The Upper Tribunal’s costs appeal guidance has been overruled

Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a & ...

17th January 2018 By

Court of Appeal stomps on human rights appeals for visitors

The Court of Appeal has dealt a serious blow to rights of appeal for visitors to the UK. Here we analyse the legal situation and take a look at the three judgments. ...

11th January 2018 By

Internal relocation may not be “unduly harsh” on criminals

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum ...

9th January 2018 By

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By

No special rules for children of Gurkhas, says Court of Appeal

The legal arguments on family life between adult children and parents are notoriously tricky. The guise in which the issue arose in Pun & Anr (Nepal) v Secretary of State for the Home Department [2017] EWCA Civ 2106 was whether non-dependent ...

21st December 2017 By

Proving that immigration officers have used excessive force

Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home Office for using excessive force against migrants during the removal process. Civil claims against the Secret ...

19th December 2017 By

Court of Appeal: visa conditions do not count unless notified in writing

Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails ...

15th December 2017 By

Court of Appeal says test in Zambrano cases remains compulsion not choice

In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office ...

14th December 2017 By

Home Office EU deportation decision overturned for ignoring EU law

In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out ...

14th December 2017 By

Basic procedural fairness applies even when removal windows used

The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Depart ...

13th December 2017 By

A familiar nemesis: the Court of Appeal on “insurmountable obstacles”

R (Mudibo) v Secretary of State for the Home Department [2017] EWCA Civ 1949 is yet another decision of the Court of Appeal grappling with the provisions of those familiar nemeses, section 117B and the “insurmountable obstacles” test in EX.1 of ...

6th December 2017 By

People accused of ETS cheating have in-country right of challenge

The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge tha ...

5th December 2017 By

Expert reports in human rights cases must be up to scratch

In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article ...

1st December 2017 By

Never assume that the Secretary of State is aware of anything

Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that mak ...

29th November 2017 By

Resolving a “difference in views” between EU members over benefits

Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is r ...

29th November 2017 By

Court of Appeal re-affirms country guidance cases are not box ticking

In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on the basis that he would face a real risk of living in circumstances falling below the Article 3 th ...

28th November 2017 By

The Home Office is entitled to ignore a judge’s decision to grant bail

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail w ...

24th November 2017 By

FTT slapped down for ignoring Immigration Rules in deportation case

In Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 the Court of Appeal found that a First-tier Tribunal decision to allow a Jamaican man’s deportation appeal under Article 8 contained a material error of law and set ...

23rd November 2017 By

Court of Appeal upholds deportation of rapist with permanent residence

The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following impr ...

10th November 2017 By

Worker Registration Scheme extension unlawful, Court of Appeal confirms

In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. The case is Secretary of State for Wor ...

9th November 2017 By

Khan case: Sala overturned in the Court of Appeal

In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of an EEA citizen. The Court o ...

9th November 2017 By

Prosecutions for telling the truth: part deux, with added Hardial Singh

Last year the High Court in JM (Zimbabwe) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) made a declaration that “the Defendant may not lawfully require the Claimant, under section 35 of the [Asylum and Immigration (Treatment ...

7th November 2017 By

Court of Appeal: private religious belief does not risk persecution

The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EW ...

23rd October 2017 By

Hospital orders and deportation

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions ...

4th October 2017 By

Human rights, long residence and the integration test in the Court of Appeal

Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of whether there would be “very s ...

14th September 2017 By

Operation Nexus police/immigration joint working unsuccessfully challenged in High Court

In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017) the excellent AIRE centre brought a challenge to the way Operation Nexus operates in respect of ...

10th August 2017 By