All Articles: High Court

Judge orders asylum seeker with baby rehoused, describes government attitude as “chilling”

Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal with day in, day out! Nevertheless, there are some still cases where the Home Office’s arguments are so outrag ...

19th October 2020 By

Bail accommodation system ruled “systemically unfair”

The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has ke ...

1st September 2020 By

Challenge to Brook House detention conditions rebuffed by High Court

The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticis ...

25th August 2020 By

Immigration bail legislation means what it says, High Court confirms

In Kaitey v Secretary of State for the Home Department [2020] EWHC 1861 (Admin), the High Court has confirmed that the power to set immigration bail conditions exists even when a person cannot be lawfully detained in compliance with the Hardial Singh ...

16th July 2020 By

Judge intervenes to end Home Office dithering over bail accommodation

In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detai ...

23rd June 2020 By

Revocation challenge fails despite ten-year deportation delay

Where a person is subject to a deportation order but wishes to remain in the UK, they must apply for the order to be revoked. The case of FH v SSHD [2020] EWHC 1482 considers this process and the applicable rules. The rules on revocation The Secretary ...

22nd June 2020 By

Part of no recourse to public funds policy declared unlawful: full judgment out

No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWH ...

27th May 2020 By

Family court judge orders refugee to disclose her asylum records

The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam) applies previously established principles to a part ...

27th May 2020 By

Removal to Afghanistan “most unlikely” in the next six months, says High Court

A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides ...

26th May 2020 By

Home Office to issue woman with British passport after 18 year battle

Even by Home Office standards, the decision to defend the case of R (Nmai) v Secretary of State for the Home Department [2020] EWHC 1139 (Admin) looks particularly pointless. The claimant had an incredibly strong case and the judge allowed the claim w ...

20th May 2020 By

High Court blow for EU citizens with pre-settled status trying to claim Universal Credit

The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 ( ...

30th April 2020 By

Asylum seeker to be sent back to Italy under Dublin III rules despite being interviewed in the UK

In R (Habte) v Secretary of State for the Home Department [2020] EWHC 967 (Admin), the High Court has decided that conducting a substantive asylum interview does not amount to assuming responsibility for the asylum claim under Article 17(1) of the Dub ...

28th April 2020 By

Costs against the tribunal after it tries to ban solicitors from Birmingham

D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is a dispute between a well-known immigration law firm, Duncan Lewis, and the President of the First-ti ...

9th April 2020 By

Home Office evicted asylum seeker with COVID-19 symptoms

The Home Office evicted an asylum seeker with mental health problems and symptoms of COIVD-19, leaving him on the streets for over a week, it has emerged. The man has since been rehoused by order of the High Court, but his lawyers say the incident is ...

9th April 2020 By

Mixed messages on delays during detention from the High Court

R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant ...

31st March 2020 By

Legal battle to stop Home Office dispatching a 10-year-old for female genital mutilation

The High Court has granted a Female Genital Mutilation Protection Order in the case of a 10-year-old girl who the Home Office is trying to remove to Bahrain. The case is A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC ...

13th March 2020 By

EU citizens are protected by EU law, High Court reminds government

The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] ...

9th March 2020 By

Sudanese man unlawfully refused indefinite leave to remain after domestic abuse

The case of R (Suliman) v Secretary of State for the Home Department [2020] EWHC 326 (Admin) is a welcome reminder to the Home Office that there may be an array of reasons for a victim of domestic abuse not to tell the authorities. Mr Suliman is a Sud ...

4th March 2020 By

Migrant victim of domestic abuse successfully campaigns for change to student loan rules

In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against migrant victims of domestic violence and abuse. The rules required three years’ lawful ...

2nd March 2020 By

Somaliland marriages are valid

The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to practitioners with clients who got married in Somaliland and wish to rely on that marriage for immigration purposes. Spoiler: ...

6th February 2020 By

“Nothing inherently wrong” with healthcare system for vulnerable detainees in prison

The High Court has refused to extend key safeguards under the Adults at Risk policy to immigration detainees held in prisons. In MR (Pakistan) & Anor v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin), Mr Justice Supperstone decid ...

8th January 2020 By

No absolute confidentiality for asylum information in family cases

The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One such is the recent case of R v Secretary of State for the Home Department (Disclosure of Asyl ...

30th December 2019 By

£1,000 child citizenship fee found unlawful

The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners who have long argued that the fee charged to register a child as British, which is set far above the ...

19th December 2019 By

Delay policy leaving trafficking victims in limbo found unlawful

The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human traf ...

11th December 2019 By

High Court win for Turkish citizens accused of dishonesty

In the case of R (Karagul & Ors) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin), the High Court has found that the Home Office breached the principle of procedural fairness when refusing applications under the Ankara Agreeme ...

10th December 2019 By

Home Office fails to disclose file note vital to unlawful detention case

Article 2(n) of the Dublin III regulation provides: Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. When there is a significant risk of absconding, Membe ...

5th December 2019 By

Government forced to change trafficking appeals policy after High Court finds it unlawful

Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required offic ...

18th November 2019 By

Detainees with indefinite leave to remain not entitled to Home Office accommodation

An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Departmen ...

31st October 2019 By

Asylum seeker with autistic child unlawfully housed in studio flat

The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Ad ...

29th October 2019 By

High Court upholds failing system of suicide reports in detention centres

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secre ...

18th October 2019 By

Family courts have no power to prevent removal of children at risk of FGM abroad

The President of the Family Division has decided that the family courts have no jurisdiction to interfere with immigration control, even if they think it is necessary to protect a girl from female genital mutilation (FGM). The most they can do is to a ...

1st October 2019 By
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