All Articles: Tribunal overturned again

Older dependent relatives

Just a quick post on this to highlight an extremely useful case that’s been handed down today. I’ve been horribly busy so the blog has been suffering a bit, I’m afraid. The case is ZB (Pakistan) v Secretary of State for the Home Depa ...

30th July 2009 By

Criminal offences and refugee status

There have been several important judgments from the Court of Appeal in the last few weeks. I’ve been very busy and having difficulty keeping up. However, I seem to have been struck down by piggy flu and find myself with time at home on my hands ...

16th July 2009 By

Right to work

There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to work for those who have made fresh asylum claims and have not received a decision within one year of their applic ...

17th June 2009 By

Bad guy or fall guy?

There has been a rush of cases in recent weeks on the subject of the Refugee Convention exclusion clauses. The exclusion clauses basically exclude some people from refugee status. In reality, human rights law has evolved to prevent removal if there is ...

8th June 2009 By

British citizens and refugee family reunion

In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and YY (Paragraph 352D – British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 w ...

6th May 2009 By

Case law round-up

There have been a number of recent determinations and judgments, not all of which quite justify a post all of their own, so I thought I would do a round-up. The case that prompted the round-up is GS [2009] UKAIT 00010. It is actually just a direction ...

25th February 2009 By

Long residence again

I posted on this relatively recently but another important judgment has just come out: ZH (Bangladesh) v SSHD [2009] EWCA Civ 8. The case is yet another good one from Lord Justice Sedley. The Court of Appeal find that the whole purpose of the 14 year ...

2nd February 2009 By

Insurmountable obstacles finally bite the dust

It was already clear but now it could not be clearer: you do not have to show that there are ‘insurmountable obstacles’ to your family joining you abroad in order to succeed in an Article 8 family life case. The new judgment in VW (Uganda) ...

20th January 2009 By

Landmark case on children

In the case of EM (Lebanon) v SSHD [2008] UKHL 64 the House of Lords looked at Article 8 again (having done so earlier this year as well) and delivered another landmark judgment. It is believed to be the first time in European legal history that a hi ...

28th October 2008 By

Third party support

[UPDATE: case overturned by Supreme Court] In a case called AM (Ethiopia) & Ors v Entry Clearance Officer [2008] EWCA Civ 1082 the Court of Appeal has just upheld the Asylum and Immigration Tribunal’s approach to the question of what lawye ...

21st October 2008 By

Students who switch courses

I’ve just come across another good case from the Court of Appeal that came out over the summer while I was away: the fantastically named GOO and Others [2008] EWCA Civ 747. It is yet another example of a long and tarnished line of tribunal cas ...

29th September 2008 By

Metock accepted by tribunal

It should not be a shock that the Asylum and Immigration Tribunal have in a case called HB (Algeria) just accepted the European Court of Justice decision in Metock. UK courts and tribunals are required to accept the ECJ’s judgments on the inter ...

23rd September 2008 By

Good news from on high

The House of Lords have just issued four judgments today, three of which are good news for immigrants. The first is Beoku-Betts. In a surprisingly short judgment the Lords tell the Asylum and Immigration Tribunal to stop messing around and get on with ...

25th June 2008 By

Highly Skilled Migrant Programme case succeeds

It was with considerable pleasure that I read in the paper this morning that the HSMP Forum has won its challenge to the Home Office’s heavy-handed and inconsiderate change to the HSMP rules. I could use stronger language, but I’ll leave ...

10th April 2008 By

Another judicial going over for the Asylum and Immigration Tribunal

I’m still catching up on a few developments while I was away over Easter, and have just read the Court of Appeal case of AH (Sudan) and Others v SSHD [2007] EWCA Civ 297, which came out on 4 April 2007. This is yet another Country Guideline case ...

12th April 2007 By

Definitive Zimbabwe case overturned again

The Court of Appeal has yet again overturned the Asylum and Immigration Tribunal’s attempt definitively to establish whether a failed asylum seeker is at risk of ill-treatment by the Zimbabwe secret service at Harare airport following a forced ...

8th March 2007 By

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