All Articles: Supreme Court

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

Unfair trial abroad

In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given guidance on the application of the ‘flagrant breach’ test for determining whether a court process ...

16th July 2013 By

Exclusion from Refugee Convention

As part of my catch-up campaign on major cases not yet covered on the blog, I thought it would be helpful to post up some extracts from a case note I’ve written for the Immigration, Asylum and Nationality Law journal. The full case note will be ...

22nd January 2013 By

Supreme Court says no lies to achieve safety

In the case of RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 the Supreme Court has today held that asylum seekers cannot be expected to lie or dissemble in order to achieve safety in their own country. This principle appli ...

25th July 2012 By

The Case of the Lost Prerogative

View image | gettyimages.com The judgments The judgments in Munir [2012] UKSC 32 and Alvi [2012] UKSC 33 are perhaps the most important in immigration law since the Immigration Act 1971 was passed. The Supreme Court holds that the ancient royal prerog ...

18th July 2012 By

Pankina upheld by Supreme Court

[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in Alvi [2012] UKSC 33, upholding the earlier Court of Appeal judgment in Pankina. T ...

18th July 2012 By

Extradition, Article 8 and the rights of the child

The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather their extradition. In HH, an European Arrest Warrant had been issued in respect of a Polish mother of 5 ...

5th July 2012 By

Refugees and refoulement: the Supreme Court

In the case of R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12 the Supreme Court has held that it is not unlawful to seek to remove to another country a person who has already been recognised as a re ...

12th April 2012 By

Judicial review of the Upper Tribunal

Last week, while I was away, the Supreme Court held that the Upper Tribunal can be judicially reviewed, and in much wider circumstances than envisaged previously by the High Court and the Court of Appeal. For England and Wales the case is Cart and MR ...

29th June 2011 By

Shepherd Masimba Kambadzi v Secretary of State for the Home Department [2011] UKSC 23

The Supreme Court yesterday handed down judgment in the case of Shepherd Masimba Kambadzi v SSHD [2011] UKSC 23, in the Court of Appeal known as SK (Zimbabwe) v SSHD [2008] EWCA Civ 1204. For reference, the original High Court judgment by Mr Justi ...

26th May 2011 By

Lumba: Pyrrhic victory?

In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful to detain foreign prisoners under a secret policy which was the precise reverse of the publicly declared policy. However, ...

1st April 2011 By

Quila heads for Supreme Court

Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase ...

29th March 2011 By

3rd party support judgment

Further to my earlier posts on this, the judgment in Mahad and Others [2009] UKSC 16 (as it can now be called) is now available on the Supreme Court website [update: and on BAILII). It makes interesting reading for any immigration lawyer. I will pick ...

20th December 2009 By

BA (Nigeria) judgment

Following on from my earlier alerter post, I’ve now had time to properly read and start digesting the Supreme Court judgment in BA (Nigeria) v SSHD [2009] UKSC 7. It is certainly good news in terms of streamlining and ensuring that there is prop ...

2nd December 2009 By

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