Category Archives: Asylum

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

Failure to conduct statistical data monitoring on provision of accommodation to vulnerable PNMAS breaches PSED 

R (DXK, Ivory Coast) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024) In these intricate proceedings, an asylum seeker and new mother known as “DXK” who was a national of the Ivory Coast … Continue reading

Posted in Article 14, Article 3, Article 8, Asylum, ECHR, High Court, Human Rights Act, Ivory Coast, Judicial Review, PNMAS, PSED, Women | Tagged , , , , , , | Leave a comment

Court of Appeal: FTT failed to apply Iran country guidance to Kurdish asylum seeker’s case

FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ 149 (22 February 2024) The Court of Appeal has held that the UT should have concluded that the FTT had failed to apply the current Iran country … Continue reading

Posted in Article 3, Asylum, Court of Appeal, ECHR, Iran, Kurds, Persecution, Statelessness, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test

NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023) The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set … Continue reading

Posted in Article 8, Asylum, Court of Appeal, ECHR, Immigration Rules, Tribunals | 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

MQM London member wins in Court of Appeal 

WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894 (26 July 2023) In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal … Continue reading

Posted in Altaf Hussain, Article 3, Asylum, Court of Appeal, Expert Evidence, Immigration Rules, MQM, Pakistan, Refugee Convention | Tagged , , , , , | Leave a comment

Upper Tribunal: Postponing biometrics and entry clearance

R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023) The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric … Continue reading

Posted in Afghanistan, Article 8, Asylum, Biometrics, Children, ECHR, Entry Clearance, Immigration Rules, Judicial Review, Taliban | 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

Policy of removing asylum seekers to Rwanda is lawful 

AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022) The High Court has held that the SSHD’s policy of removing asylum seekers to Rwanda to have their asylum claims determined there rather … Continue reading

Posted in Africa, Article 3, Asylum, ECHR, Immigration Rules, Israel, Judicial Review, MEDP, Parliament, Refugee Convention, Removals, Rwanda | Tagged , , , , , , , , | Leave a comment

Supreme Court allows Jamaican criminal’s appeal 

SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022) The Supreme Court allowed the complex deportation appeal of “SC”, a Jamaican national born in 1991 who arrived in the UK in December 2001 … Continue reading

Posted in Article 3, Article 8, Asylum, Automatic Deportation, ECHR, Immigration Act 2014, Immigration Rules, Jamaica, Proportionality, Public Interest, Refugee Convention, UKSC | Tagged , , , , , , | Leave a comment

Upper Tribunal: Guidance on mental health experts

HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) (25 March 2022) This important guidance concerned the correct approach to be adopted in a human rights appeal in which it is argued that removing an individual from, or … Continue reading

Posted in Appeals, Article 3, Asylum, ECHR, ECtHR, Expert Evidence, Human Rights Act, Sri Lanka | Tagged , , , , , | Leave a comment

Wrongfully removed Afghan child wins Francovich damages

QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022) The Court of Appeal has held that a mere declaration was not just satisfaction for the SSHD’s admitted violations of the rights—pursuant to … Continue reading

Posted in Access to Justice, Afghan War, Appeals, Article 8, Asylum, Brexit, Children, Court of Appeal, ECHR, Judicial Review, Refugee Convention, Removals | Tagged , , , , , , | Leave a comment

Permission to work guidance for asylum seekers breached section 55 duty 

R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin) (04 October 2021) Linden J decided that the permission to work and volunteering for asylum seekers policy of 22 May 2019 (Version 8), was defective so … Continue reading

Posted in Asylum, Children, High Court, Immigration Rules, Judicial Review, Shortage Occupation List, Working | Tagged , , , , , , | Leave a comment

Supreme Court: Systemic unfairness in fast-track rules did not automatically invalidate all FTT decisions

R (TN (Vietnam)) v Secretary of State for the Home Department [2021] UKSC 41 (22 September 2021) Through this judgment, the Supreme Court unanimously dismissed the appeal of “TN” which concerned the effect of structural unfairness in the Fast Track Procedure Rules 2005 on individual appeal … Continue reading

Posted in Appeals, Asylum, Court of Appeal, ECHR, Human Trafficking, Judicial Review, UKSC | Tagged , , , , , | Leave a comment

Afghan Refugees in Pakistan: Webinar on 31 August 2021

The withdrawal of US forces from Afghanistan and the return of the Taliban after two decades has left the world stunned and the UK rushed to airlift more than 4,000 UK nationals and Afghan citizens, while Joe Biden intends to … Continue reading

Posted in Afghan War, Article 3, Asylum, Karachi, Pakistan, Persecution, Refugee Convention, Taliban, Terrorism, United Nations | Tagged , , , | Leave a comment

SSHD wins in Supreme Court on legality of policy on initial age assessment of child asylum seekers

R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 (30 July 2021)  In this case, the Supreme Court unanimously allowed the SSHD’s appeal by holding that she was not obliged to issue policy guidance to … Continue reading

Posted in Article 3, Article 5, Article 8, Asylum, Children, Court of Appeal, ECHR | Tagged , , , , | Leave a comment

Court of Appeal: De facto adoption rules seem to be irrational

R (AK & Ors) v The Entry Clearance Officer (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021) In these proceedings concerning an application for permission to appeal, the court commented, but it did not decide, that there is … Continue reading

Posted in Adoption, Adoption Convention, Afghan War, Appeals, Article 14, Article 8, Asylum, Children, Court of Appeal, ECOs, Entry Clearance, Families, Immigration Rules, Judicial Review, Refugee Convention, Settlement, Spouses, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Supreme Court dismisses deportation appeal of settled Iranian national who lawfully entered the UK as a child

Sanambar v Secretary of State for the Home Department [2021] UKSC 30 (16 July 2021) The Supreme Court unanimously dismissed Mr Sanambar’s appeal and held that the Upper Tribunal correctly approached the balancing exercise required by article 8 of the ECHR and it … Continue reading

Posted in Appeals, Article 8, Asylum, Automatic Deportation, Deportation, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Trafficking victim’s return from France ordered by court

AA (Sudan) v Secretary of State for the Home Department [2021] EWHC 1869 (Admin) (06 July 2021) In these proceedings case, Wall J decided that it was arguable that it had been unlawful for the SSHD to have had in … Continue reading

Posted in Access to Justice, Asylum, France, High Court, Judicial Review, Modern Slavery, Sudan, UKSC | Tagged , , , , , | Leave a comment

Guidance for lone asylum seeking minors held unlawful

R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC 1821 (Admin) (02 July 2021)  In these proceedings, Dingemans LJ and Dove J held that policy guidance issued by the SSHD to Home Office caseworkers concerning … Continue reading

Posted in Asylum, Brexit, Children, CJEU, Judicial Review | Tagged , , , , , | Leave a comment