Monthly Archives: July 2019

Court of Appeal takes a strict stance on adducing new evidence to the Upper Tribunal

Kabir v The Secretary of State for the Home Department [2019] EWCA Civ 1162 (09 July 2019) On the topic of fresh evidence (in the context of deception, false documents, bank statements) the Court of Appeal has held that the … Continue reading

Posted in Bangladesh, Bank Accounts, Banks, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, PBS, Tier 1 | Tagged , , , , , , | Leave a comment

Paposhvili and precedent: SCD patient loses in Court of Appeal 

Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019) In the case of “PF”, a Nigerian father who was suffering from sickle cell disease (“SCD”) from birth but who was a “foreign criminal”, … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Public Interest, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

High Court orders asylum-seeker’s return to pursue appeal 

PN (Uganda) v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019) In these judicial review proceedings, brought by “PN”, Lewis J held that the dismissal of Ugandan woman’s appeal against the refusal of … Continue reading

Posted in Africa, Article 3, Article 8, Asylum, Court of Appeal, Dyson JSC/MR, High Court, Judicial Review, Persecution, Refugee Convention, Tribunals, Uganda, Women, Yarl's Wood IRC | Tagged , , , , , | Leave a comment

Court of Appeal says ‘kitchen-sink’ approach to the citation of authorities is ‘wholly illegitimate’

Kaur v The Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019) Dismissing a Tier 4 (General) student’s appeal, the Court of Appeal has held that it is “wholly illegitimate” for legal representatives to cite … Continue reading

Posted in Court of Appeal, Culture, Hostile Environment, Immigration Act 2014, Immigration Rules, Judges, Judicial Review, PBS, Removals, Students, Tier 4, Tribunals | Tagged , , , , , | Leave a comment

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment