All Articles: Supreme Court

Supreme Court decides meaning of “precarious immigration status” and “financially independent”

The Supreme  Court has allowed the appeal in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. Giving the sole judgment, Lord Wilson holds that a “precarious” immigration status is any status short of Indef ...

14th November 2018 By

Supreme Court: bad behaviour by parent irrelevant to best interests of children

The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...

24th October 2018 By

Supreme Court delays decision in decades-old refugee resettlement saga

What’s another few months when you’ve been waiting two decades? For the past 20 years, a group of Iraqi and Syrian Kurds have been marooned on a British military base in Cyprus, recognised as refugees but denied settlement in the UK. In R ...

31st July 2018 By

Do unrecognised adoptions confer EU free movement rights? Maybe…

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the  ...

15th February 2018 By

Supreme Court: Home Office could not impose bail on migrant who cannot lawfully be detained

The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office cannot impose bail conditions on a migrant who cannot be lawfully detained. Or, at least, the Home Office coul ...

9th February 2018 By

Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

The Supreme Court has opened up British citizenship by double descent to all children of British women born between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered ...

8th February 2018 By

Supreme Court boost for people stripped of their British citizenship

A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under false pretences. The Home Office has accepted that in most cases, deprivation rather than nullity is the ...

21st December 2017 By

Supreme Court rejects a right to non-contributory benefits for Zambrano carers

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision ...

17th November 2017 By

Article 3 and the extradition of a British national to Taiwan

The Supreme Court in the case of the Lord Advocate (representing the Taiwanese Judicial Authorities) (Appellant) v Dean (Respondent) (Scotland) [2017] UKSC 44 considered the first occasion on which Taiwan has sought to extradite a British national. ...

11th August 2017 By

Supreme Court confirms that burden for proving marriage of convenience rests with Home Office

The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the ...

26th July 2017 By

Supreme Court rules “deport first, appeal later” is unfair and unlawful

In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down “deport first, appeal later” certificates for two foreign criminals. The Home Office had made use of new rules in the ...

14th June 2017 By

Supreme Court upholds Minimum Income Rule of £18,600 to sponsor foreign spouses in MM case

In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requir ...

22nd February 2017 By

Supreme Court rules Act of Parliament needed to trigger Article 50 and leave EU

The Supreme Court ruled today by a majority of 8-3 that an Act of Parliament is needed for the UK Government to trigger Article 50 and formally begin the process of leaving the EU. Giving the leading judgment the President of the Court, Lord Neuberger ...

24th January 2017 By

Supreme Court criticises complexity of immigration rules (but dismisses case anyway)

The Supreme Court has given judgment in the case of Mirza v Secretary of State for the Home Department [2016] UKSC 63. The case concerned the effect of section 3C of the Immigration Act 1971 as amended and whether it extends leave where an applicant f ...

14th December 2016 By

Hesham Ali and Makhlouf: What is the correct approach to determining deportation appeals?

In the cases of Hesham Ali [2016] UKSC 60 and Makhlouf [2016] UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation decisions. Both the appeals were dismissed and the Home Offi ...

24th November 2016 By

Supreme Court dismisses deportation appeals

The Supreme Court has handed down the long awaited judgments in Makhlouf v Secretary of State for the Home Department [2016] UKSC 59 on the impact of deportation on affected children and Hesham Ali v Secretary of State for the Home Department [2016] ...

16th November 2016 By

Supreme Court finds British nationality law discriminatory, allows appeal on human rights grounds

The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was discriminatory, it has continuing consequences which breached a person’s human rights in a disc ...

20th October 2016 By

The Supreme Court’s decision in Nouazli v SSHD and Lawful Discrimination

As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice Secretary’s assertion that Britain cannot deport EEA nationals with a criminal ...

25th April 2016 By

Supreme Court dismisses challenge to English language pre entry test for spouses in Ali and Bibi case

The Supreme Court has dismissed the challenge brought against the introduction of pre-entry English language testing for spouses seeking to enter the UK as the family members of British citizens and those present and settled in the UK. The formal tit ...

18th November 2015 By

Supreme Court upholds evidential flexibility policy

The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular fol ...

19th October 2015 By

Supreme Court admissibility decisions in immigration cases for March 2015

The Supreme Court has granted permission to appeal in the case of MP (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 829 and allocated reference number UKSC 2015/0027. Progress can be tracked on the Supreme Court website ...

21st April 2015 By

Supreme Court Backs Government Rejection of Statelessness Claim

Rather than write my own detailed piece on the Supreme Court’s judgment in Pham v Secretary of State for the Home Department [2015] UKSC 19 I’m mainly going to refer you an excellent piece by Simon Cox on the Open Societies Foundation webs ...

1st April 2015 By

Home Office asserts Jamaica safe in general despite persecution of LGBT community

The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to ...

11th March 2015 By

Statelessness, deprivation of nationality, and EU Citizenship…what is B2 in the Supreme Court really all about?

Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Cou ...

26th November 2014 By

Right to citizenship? Supreme Court to decide

The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of ...

18th November 2014 By

SPRAKAB and anonymous evidence

The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather q ...

17th November 2014 By

Points Based System flexibility to be considered by Supreme Court

The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly reveal ...

12th June 2014 By

Supreme Court: ILR not resurrected by revocation of deportation order

The Supreme Court has allowed the Secretary of State’s appeal against the Court of Appeal judgment in the case of R (on the application of Fitzroy George) v Secretary of State for the Home Department [2014] UKSC 28. The Court of Appeal’s j ...

15th May 2014 By

Best interests in the Supreme Court: a round-up of 2013

The Supreme Court considered the best interests principle in the immigration, asylum and nationality context twice during 2013.  Both cases continued the trend of the contraction of the principle in the higher appellate courts. ...

24th March 2014 By

Supreme Court decides on third country returns

Any asylum practitioner is likely to come across cases where, rather than investigate the merits of an asylum claim, the Home Office seeks to return their client to a third country elsewhere in the European Union deemed under the Dublin II Regulation ...

19th February 2014 By

When is a refugee not a refugee?

You might be forgiven for thinking that when the United Nations High Commissioner for Refugees has already recognised an individual’s status as a refugee, national decision-makers would ordinarily follow suit. After all, UNHCR has unmatched expertis ...

10th February 2014 By

Supreme Court asks whether a miss is as good as a mile

Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number of important points affecting the way in which such Article 8 of the European Convention on Human Rights ‘fal ...

25th November 2013 By

Al-Jedda, “statelessness” and the meaning of words

The judgment in Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 was handed down this month.  It is the latest in a series of higher court decisions on the issue of deprivation of citizenship and the first to reach the Supreme Cou ...

25th October 2013 By

Supreme Court upholds Points Based System sponsor licensing scheme

The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (on the application of New London College Ltd) v Secretary of State for the Hom ...

23rd July 2013 By