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UKVI News and Updates- Guidance: Medical appointments outside the detention estate
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: India: tuberculosis test clinics for a UK visa
- Form: Windrush Compensation Scheme: claim forms and guidance
- Guidance: Tuberculosis testing in Iran
- Guidance: Ecuador: tuberculosis test clinics for a UK visa
- Transparency data: Ukraine Visa Schemes: visa data
- Guidance: Sponsor guidance appendix D: keeping records for sponsorship
- Guidance: Sponsor an International Agreement worker
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
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Category Archives: Appeals
False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application
Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading
Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals
Tagged Case Law, Court of Appeal, Deception, False Representations, ILR, Immigration Rules, Long Residence, Settlement, Tier 1, Tribunals
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Home Office wins in Supreme Court against Belarusian man with “limbo” status
R (AM (Belarus)) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024) The Supreme Court has allowed the Home Office’s appeal in the case of AM who was a Belarusian who stayed in “limbo” by … Continue reading
Posted in Appeals, Article 8, Asylum, Crime, Deportation, ECHR, ECtHR, False Statements, Hostile Environment, Immigration Rules, Judicial Review, Public Interest, Statelessness, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, Immigration Rules, Judicial Review, Tribunals, UK Supreme Court
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Woman resident in the UK for 39 years loses deportation battle
Khadija Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024) The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). … Continue reading
Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Pakistan, Permanent Residence, Proportionality, Public Interest, Tribunals, UKBA 2007
Tagged Article 8, Automatic Deportation, Case Law, Court of Appeal, ECHR, FIA, Pakistan, Settlement, Tribunals
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Court of Appeal disapproves of tribunal’s decision in Capparelli
R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading
Test of dishonesty in Ivey applies to deprivation decisions
Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024) In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s … Continue reading
Posted in Appeals, British Citizenship, Court of Appeal, Cross-Examination, Dishonesty, Evidence, Fairness, False Statements, HSMP, Naturalisation, Pakistan, Tribunals, UKSC
Tagged British Citizenship, Court of Appeal, Deprivation, Dishonesty, Naturalisation, Tribunals, UK Supreme Court
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Trafficking plea fails Shamima Begum in Court of Appeal
Begum v Secretary of State for the Home Department [2024] EWCA Civ 152 (23 February 2024) The Court of Appeal has held that the SSHD had not erred in depriving Shamima Begum of her British citizenship pursuant to section 40(2), on … Continue reading
Posted in Appeals, Bangladesh, Children, Court of Appeal, Deprivation of Citizenship, ECAT, ECHR, ECtHR, Fairness, Human Trafficking, ISIS/ISIL, Muslims, Proportionality, SIAC, Statelessness, Syria, Terrorism, UKSC
Tagged British Citizenship, Case Law, Court of Appeal, ECHR, Human Trafficking, Statelessness, UK Supreme Court
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SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal
Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024) The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal … Continue reading
Palestinian Guantánamo Bay detainee wins in Supreme Court
Zubaydah v Foreign, Commonwealth and Development Office and others [2023] UKSC 50 (20 December 2023) Dismissing the Foreign Commonwealth and Development Office, the Home Office and the Attorney General’s appeal, the Supreme Court held in this case that under sections … Continue reading
Posted in Appeals, Court of Appeal, False Imprisonment, Foreign law, Guantánamo Bay, Pakistan, PILA, Politics, Terrorism, UKSC
Tagged Court of Appeal, PILA, Rendition, Torture, UK Supreme Court
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Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances
Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, … Continue reading
Posted in Appeals, Court of Appeal, Dependants, EUSS, Fairness, Kenya, Procedural Fairness, Somalia, Tribunals, UKSC
Tagged European Union, Procedural Unfairness, Remittances, Tribunals, UK Supreme Court
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Court of Appeal finds ‘flaws at all levels’ in ECAA case
R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366 (23 November 2023) The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to … Continue reading
Posted in Appeals, Court of Appeal, ECAA, Immigration Rules, Judicial Review, Tribunals, Turkey, Working
Tagged Case Law, Court of Appeal, ECAA, Judicial Review, Tribunals
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Court of Appeal: No right of abode for CUKCs by descent
R (Murugason) v Secretary of State for the Home Department [2023] EWCA Civ 1336 (16 November 2023) The Court of Appeal has confirmed the High Court’s judgment that in section 2(1)(b)(i) of the Immigration Act 1971—as originally drafted—a person who was … Continue reading
Posted in Appeals, Citizenship and Nationality, CUKCs, Judicial Review, Right of abode
Tagged Case Law, Court of Appeal, CUKCs, Judicial Review, Right of abode
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SSHD’s Rwanda policy appeal dismissed by Supreme Court
R (on the application of AAA (Syria) & Ors) v SSHD [2023] UKSC 42 (15 November 2023) In this judgment, unanimously dismissing the SSHD’s appeal, the Supreme Court agreed with the Court of Appeal’s conclusion that the Rwanda policy is … Continue reading
Supreme Court: PSED does not have extraterritorial effect
R (Marouf) v Secretary of State for the Home Department [2023] UKSC 23 (28 June 2023) Lord Reed (President), Lord Hodge (Deputy President), Lord Burrows, Lady Rose, Lord Richards unanimously dismissed the appeal of a female Palestinian appellant who is … Continue reading
Posted in Appeals, Judicial Review, Palestine, UKSC, UNHCR, UNRWA
Tagged Court of Appeal, Equality Act 2010, Judicial Review, PSED, UK Supreme Court
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Court of Appeal on credibility, standard of proof and appellate court’s role
MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023) The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international … Continue reading
Posted in Appeals, Article 8, Asylum, Credibility, Egypt, Fairness, High Court of Australia, Immigration Rules, Refugee Convention, UKSC
Tagged Article 8, Asylum, Case Law, Court of Appeal, Egypt, Immigration Rules, UK Supreme Court
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Court of Appeal: UT should normally re-make decision instead of remitting case to FTT
AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022) In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Fairness, Nigeria, Public Interest, Tribunals, UKBA 2007, UKSC
Tagged Appeals, Article 8, Court of Appeal, ECHR, Fairness, Re-making, Remitting, Tribunals, UK Supreme Court
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ZH (Tanzania) distinguished by Court of Appeal
L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022) In the case of “L3”, the Court of Appeal held that the SSHD had been entitled to exclude a Libyan national from the UK … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Lady Hale, Libya, Nationality, s 55 BCIA, Terrorism, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, European Union, Expulsion, SIAC, UK Supreme Court, Zambrano
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Poorly drafted long residence rules lead to avoidable litigation
R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022) The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground … Continue reading
Posted in Appeals, Costs, Court of Appeal, Immigration Rules, Long Residence, Tier 1, UKSC
Tagged Case Law, Court of Appeal, Immigration Rules, UK Supreme Court
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KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading
Court of Appeal rejects section 3C leave argument in 10 years’ continuous lawful residence claim
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 (24 June 2022) In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal … Continue reading
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