All Articles: High Court

Advance NHS charges for overseas visitors comply with the Equality Act

The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a cl ...

11th December 2018 By

Major court win for trafficking victims as subsistence payment cut is reversed

In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful. The rate was previously set at £65 per week and was dramatically cut by 42% from 1 Ma ...

9th November 2018 By

Appeal against refusal of EEA residence card does not suspend removal, High Court confirms

The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case on the vexed issue of whether appeals against refusals of EEA residence cards are suspensive of removal ...

8th November 2018 By

Failure to carry out proper medical assessment makes detention unlawful

This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), t ...

25th October 2018 By

Yemen-born Somalis in High Court fight for British Overseas Citizenship

Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court this summer demonstrate that this unusual version of British nationality is sufficiently valuable to ...

5th September 2018 By

Can a British Overseas Citizen be stateless?

In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC) can be stateless under the Immigration Rules if he or she has no other nationality. This is an interesting and ...

6th July 2018 By

Long delays in Home Office provision of immigration bail accommodation are lawful

Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under ...

29th June 2018 By

Court prefers evidence of detention centre doctor in giving only nominal damages for a year’s unlawful detention

R (Aboro) v Secretary of State for the Home Department [2018] EWHC 1436 (Admin) is an unlawful detention claim about how conflicting psychiatric evidence should be interpreted. The Secretary of State relied upon the evidence of a detention centre doct ...

26th June 2018 By

Council criticised for failure to provide accommodation to child refugees

Most unaccompanied child asylum seekers and refugees will be “children in need” for the purposes of the Children Act 1989. So the issue of whether or not local authorities have properly exercised their duties to provide accommodation and care freq ...

13th June 2018 By

Woman denied passport, then detained for failure to leave UK

R (Eroje) v Secretary of State for the Home Department [2018] EWHC 1010 (Admin) is a shocking story of Home Office incompetence which led to the unnecessary and unlawful detention of someone who had made repeated attempts to leave the UK voluntarily. ...

29th May 2018 By

High Court throws spanner in the works of automatic detention policy

The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the ...

21st May 2018 By

High Court remedy for woman embroiled in disputed citizenship claim

Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British National ...

14th May 2018 By

High Court’s denunciation of immigration lawyers will have a chilling effect

A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulat ...

27th April 2018 By

Risk of absconding is not a trump card in unlawful detention cases

Short and sweet is the best way to describe the High Court’s decision in BS v Secretary of State for the Home Department [2018] EWHC 454 (Admin). It comes as a useful reminder that whether detention is “reasonable” depends on all the c ...

19th March 2018 By

High Court gives useful steer on the Resident Labour Market Test

In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors must offer a position to a settled worker ahead of a migrant where both candidates have the necessary skills an ...

2nd February 2018 By

Settlement refusal overturned after failure to consider mental health evidence

Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the c ...

16th January 2018 By

Trafficking victim wins £260k damages, does not see a penny

How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Le ...

10th January 2018 By

NGO victory: Home Office policy on EU rough sleepers found unlawful

The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial rev ...

14th December 2017 By

Rescue or empowerment? High Court considers definition of trafficking

Most domestic workers would prefer to be recognised as workers than labelled as trafficked, and ask to be empowered rather than rescued. But it is often necessary to plead their cases under the rubric of trafficking to secure their protection from exp ...

12th December 2017 By

The Immigration Act 2014 and the law of unintended consequences

Legislation meant to make life tougher for immigrant families accessing services may instead have brought some small relief. R (U and U) v Milton Keynes Council [2017] EWHC 3050 (Admin) was an application to judicially review Milton Keynes’ decisio ...

7th December 2017 By

British citizen wrongly denied passport and ordered to leave UK

The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for a passport, was refused, and ordered to leave the country. He had no in-country right of appeal against ...

28th November 2017 By

Aggravated damages for “distressing and traumatic” detention

Last week Suraj Saptoka was awarded £24,515.43 by order of a Deputy High Court judge for false imprisonment in Sapkota v Secretary of State for the Home Department [2017] EWHC 2857 (Admin). Mr Saptoka had been unlawfully detained for 36 days after i ...

24th November 2017 By

Domestic violence cases can attract a right of appeal, says High Court

Since April 2015, only very limited types of immigration case can be appealed. In the case of AT, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin), the High Court found that despite what the Immigration R ...

22nd November 2017 By

The Home Office continues to unlawfully impose curfews

Both R (Jollah) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin) and R (Lupepe) v SSHD [2017] EWHC 2690 (Admin) were heard on 11, 12 and 13 October 2017 by Mr Justice Lewis. It makes sense to look at them together becau ...

22nd November 2017 By

Tier 2: chefs at restaurants with a take-away service not eligible

According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot off ...

21st November 2017 By