All Articles: Court of Appeal

When is Article 8 private and family life engaged?

The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a right of appeal against refusal on an immigration application. The Court of Ap ...

3rd July 2015 By

Court of Appeal considers proper approach to family cases outside the Immigration Rules

The Court of Appeal turns its attention to the admission of family members outside the requirements of the Immigration Rules in the case of Secretary of State for the Home Department v SS (Congo) [2015] EWCA Civ 387. The judgment came out in April and ...

30th June 2015 By

What is a “reasonable period” for immigration detention?

In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention ...

10th April 2015 By

Meaning of “totally without merit”

Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether per ...

19th March 2015 By

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 2015 By

Backdating welfare benefits payments to those recognised as refugees in the UK

In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payme ...

12th March 2015 By

Out with the old, in with the new: Edgehill, Haleemudeen and now Singh

Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it? The answer, according to Court of Appeal in Singh v Secretary of State for the Home Department [2015] EWCA Civ ...

23rd February 2015 By

New Zambrano case: Good news and bad news for Zambrano carers

Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the amendment to the habitual residence test in November ...

10th February 2015 By

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally

The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by P ...

10th February 2015 By

Legal Aid and ‘exceptional’ case funding

In an important and wide-ranging judgment the Court of Appeal in R (on the application of Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 has upheld Collins J’s finding that the Exceptional Case Funding ( ...

22nd December 2014 By

Court of Appeal examines new human rights statute and rules

In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigra ...

13th October 2014 By

Outcome of MM minimum income case in Court of Appeal

UPDATE: see report of Supreme Court judgment here. The judgment is now out in the long awaited case of MM v Secretary of State for the Home Department [2014] EWCA Civ 985, the test case challenging the minimum income threshold for spouses wishing to ...

11th July 2014 By

Court of Appeal judgment critical of expert commenting on refusal letter

In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert wi ...

10th July 2014 By

Court of appeal guidance on best interests of migrant children

The Court of Appeal has finally grappled with the question of how to apply the best interests of children in an immigration context and given detailed guidance on how judges should approach the exercise. The judgment, in the case of EV (Philippines) & ...

4th July 2014 By

When is a rule not a rule? Students and veracity checks

This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was clearly answered by the Supreme Court in the case ...

6th June 2014 By

Lord Justice Moore-Bick in Francis v SSHD [2014] EWCA Civ 718

If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for w ...

3rd June 2014 By

Iranian conscript refugee denied British citizenship

Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had been tortured for his political beliefs and he was raised by his older siblings. When the time came for his compulsory militar ...

29th May 2014 By

Home Office presses to remove severely ill 6 year old child

A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely complex needs. For the last five years she has received highly specia ...

27th May 2014 By

Haleemudeen v Secretary of State for the Home Department

UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 The facts of Haleemudeen v Secretary of State fo ...

22nd May 2014 By

New rules do not apply to old applications

The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that dat ...

9th April 2014 By

Court of Appeal grants permission on Article 3 and 8 health cases

Important grant of permission from the Court of Appeal in six linked cases addressing issues arising from D and N cases at Strasbourg and subsequent treatment by the UK courts. For some legal background see this earlier blog post. In granting permissi ...

8th April 2014 By

Spouse visa minimum income case heard last week

UPDATE: Outcome now known and reported here. Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case. The judges heard argument over two days and did not give a decision there and then. The timescale for a dec ...

11th March 2014 By

Costs in immigration judicial review cases

There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These also have wider significance for other public law cases, but immigration law is currently dominating p ...

12th February 2014 By

Evidential Inflexibility: SSHD v Rodriguez

In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility P ...

29th January 2014 By

R (Ignaoua) v Secretary of State for the Home Department, CA

The Court of Appeal has held, overturning the decision of the High Court (see previous blog), that the issue of a certificate under section 15 Justice and Security Act 2013 does not have the effect of terminating existing judicial review proceedings. ...

11th December 2013 By

Detention unlawful when Secretary of State faffs around

One of the more pernicious aspects of the so-called automatic deportation provisions in the UK Borders Act 2007 is the provision in s.36 for detention while the Secretary of State considers whether an exception to that Act applies. That is to say you ...

9th December 2013 By

Lord Justice Jackson in Pokhriyal [2013] EWCA Civ 1568

The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied. Source ...

5th December 2013 By

R (Ignaoua) v Secretary of State for the Home Department

In R (Ignaoua) [2013] EWHC 2512, the Administrative Court held that under powers conferred by section 15 Justice and Security Act 2013 the Secretary of State can automatically and unilaterally terminate qualifying judicial review proceedings.  The a ...

13th November 2013 By

Test in health human rights removal cases different for children

The Court of Appeal has held that a different test applies to children in human rights health cases. These difficult cases involve a person seeking to remain in the UK in order to receive life-saving medical treatment not available in his or her home ...

23rd October 2013 By

‘Form not substance’: Deport rules do not change the law

Theresa May spent over a year saying her new immigration rules would weaken Article 8 rights for “foreign criminals” but conceded the point within a day at the Court of Appeal. MF (Nigeria) v SSHD [2013] EWCA Civ 1192 makes clear that th ...

22nd October 2013 By

Role of the advocate at trial

[UPDATED] In his final judgment in the Court of Appeal, Lord Justice Judge has given some interesting guidance given on the role of the advocate in a contentious trial. The case is R v Farooqi & Ors [2013] EWCA Crim 1649 and the judgment is tha ...

3rd October 2013 By

Wrongful convictions of refugees overturned

Refugees fleeing persecution in their home country cannot afford to be scrupulous about the means by which they reach sanctuary in another country. This truism was recognised by the drafters of the Refugee Convention: Article 31 affords refugees prote ...

5th August 2013 By

How not to write a determination

From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end of term judgments issued last week, one knows there is going to be trouble: Of all the hackneyed phrases in the law, few ...

25th July 2013 By

Khatel overturned

In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 ...

22nd July 2013 By