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 , , , , , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

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

Posted in Appeals, British Citizenship, Court of Appeal, European Union, Free Movement, Immigration Rules, Permanent Residence, Settlement, Sri Lanka, Tribunals | Tagged , , , , | Leave a comment

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 , , , , , , | Leave a comment

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 , , , , , , | Leave a comment

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

Posted in Appeals, Court of Appeal, EUSS, Proportionality, Public Interest, Tribunals | Tagged , , , , | Leave a comment

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 , , , , | Leave a comment

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 , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

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 , , , , | Leave a comment

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 , , , , | Leave a comment

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

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Refugee Convention, Rwanda, UKSC | Tagged , , , , , , | Leave a comment

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 , , , , | Leave a comment

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 , , , , , , | 1 Comment

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 , , , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

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 , , , | Leave a comment

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

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, ECtHR, Immigration Act 2014, Iraq, Nigeria, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

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

Posted in Appeals, Court of Appeal, Immigration Rules, Long Residence, Notices, Section 3C Leave | Tagged , , , , | Leave a comment