All Articles: Tribunal overturned again

The public interest in deporting criminals: a triple threat

The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual ba ...

3rd May 2018 By

Court of Appeal overturns President’s decision to allow deportation appeal

BL (Jamaica) v The Secretary of State for the Home Department [2016] EWCA Civ 357 is essentially an unhelpful judgment for convicted criminals arguing against deportation orders on Article 8 grounds. It overturned a McCloskey J and UTJ Perkins decisio ...

29th April 2016 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

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

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

Court of Session rules on linguistic analysis

There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decisio ...

24th 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

Chen children and employment

Chen children and employment Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal ...

18th April 2013 By

Burmese Country Guidance case found legally flawed

The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively over ...

19th February 2013 By

Country Guidance on Burma unlawful

The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case are therefore flawed. Full post and analysis to follow. ...

13th February 2013 By

Acquiring and losing free movement rights

The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of ...

2nd October 2012 By

Significant step forward for young asylum seekers

The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s duty toward unaccompanied minors, in particular her duty to tr ...

24th August 2012 By

Zimbabwe Country Guidance case overturned

In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...

16th July 2012 By

Tribunal obliged to seek out representation in Country Guidance cases

The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the tribunal itself to seek to secure that proper argument and how far the tribunal deter ...

19th December 2011 By

Iraq Country Guidance Overturned

The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See the order here. The case of HM should no longer be followed as paragraph 2 of the order provides that ...

2nd December 2011 By

Segregation of immigration decisions

In a dense judgment that more than once has caused me to question my will to live the Court of Appeal has held that it is unlawful for the Secretary of State to separate a decision to refuse to extend leave from a decision to remove. The case is Sapko ...

30th November 2011 By

Procedural fairness in asylum appeals

The recent Court of Appeal decision in SH (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 1284 repays reading for the way it reiterates the centrality of procedural fairness, especially in asylum cases. At the heart of the ...

21st November 2011 By

“Still the merry-go-round goes round, and round, and round again”

The Court of Appeal shows its despair at the immigration tribunal in the case of RM (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 428 (13 April 2011). All three judges lament the fact that they have to remit the case back to ...

13th April 2011 By

Zambrano case

[UPDATE 22/3/11: see latest post on Zambrano] In a judgment just out, Zambrano v ONEm Case C-34/0 the European Court of Justice seems to have held that the parents of a child who is a national of a Member State must be granted the right to work and ...

8th March 2011 By

Best interests of children: new Supreme Court case

The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 fina ...

1st February 2011 By

PBS decision not being appealed

The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers. More information and links if/when I get a chance. ...

21st July 2010 By

Meaning of ‘false representation’: AA Nigeria case

The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to cases of deliberate falsehood rather than accidental mistake. The case is AA ...

13th July 2010 By

Future behaviour and the Refugee Convention

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic ...

12th July 2010 By

Big Gay Case Allowed

UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘prac ...

7th July 2010 By

Points Based System appeal succeeds

The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department ...

23rd June 2010 By

Permanent right of residence

Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five years of residence under previous Directives does impart a right of permanent residence under the Citizens Dir ...

25th May 2010 By

ZN (Afghanistan) judgment handed down

Supreme Court press release here and judgment here. The reasoning is remarkably short: the Court simply disagrees with Laws LJ on the ordinary and natural meaning of the words ‘has been granted asylum’. ...

12th May 2010 By

Removals to war zones

The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the su ...

27th April 2010 By

Major Article 8 case law

There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now wi ...

16th April 2010 By

New Supreme Court judgement: exclusion clauses

Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than ...

17th March 2010 By

ECO loses in Supreme Court

The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the day it was heard. Judgment is to follow. The case turns on the question of whether a recognised ref ...

16th February 2010 By

New removals policy

UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell half the story. In essence, the 72 hour notice period for removals is to be waived in a wide range of c ...

21st December 2009 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

Dependency a question of fact

Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the tribunal in AP and FP (Citizens Directive Article 3(2); discretion; dependence) India [2007] UKAIT 00048 and ...

8th December 2009 By

3rd party support: correction

[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of 36 Bedford Row, one of the juniors in the case, for a more authoritative explanation of the 3rd party Supr ...

13th November 2009 By

Supreme Court allows 3rd party support

[UPDATE: see later post] News just in, more to follow tomorrow, if there’s anything to say. AM (Somalia) was heard and allowed today. I’m currently at the Hammersmith and Fulham Community Law Centre AGM so not much chance to deal with this ...

11th November 2009 By

Grounds of appeal in one stop appeals

Do not be fooled by the first judgment in AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 by Lady Justice Arden. She holds that the appeal should be dismissed, but is out-voted by the rest of the bench, Lord Justice ...

26th October 2009 By

More on Metock

There has been a spate of big cases in the last few days. I’ll deal first with what is probably the most legally significant, ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060. In ZH the Court of Appeal have conf ...

16th October 2009 By

Post flight spouse

Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR. Before 2005, they were granted settlement straight away, on the grounds that this policy promoted integration. O ...

16th September 2009 By

Sexual identity

An interesting judgment has been handed down today: NR (Jamaica) v SSHD [2009] EWCA Civ 856. It touches on a thorny issue on which I have to say some immigration judges have not exactly covered themselves with glory. Sadly, the Court of Appeal fails t ...

5th August 2009 By

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