Category Archives: Court of Appeal

“Poorly drafted” Immigration Rules: Court of Appeal reluctantly approves “objectionable” investor visa scheme

R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679 (11 May 2021)  In relation to an applicant for leave to remain as a Tier 1 (Investor) Migrant under the points-based system (PBS) required … Continue reading

Posted in Appeals, Court of Appeal, Immigration Rules, Investors, Judicial Review, PBS, Tier 1 | Tagged , , , , | Leave a comment

Government prevails over sexual offender in Court of Appeal

Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) In the SSHD’s appeal against a decision of the UT overturning a deportation order made in respect of Mr Deon Starkey, the Court of … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Deportation, Permanent Residence, Settlement, Sexual Offences, South Africa | Tagged , , , | Leave a comment

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Upper Tribunal: Tanveer Ahmed remains good law

QC (verification of documents; Mibanga duty) [2021] UKUT 33 (IAC) (12 January 2021) In a panel consisting of President Lane and Vice President Ockelton, the Upper Tribunal has held as to verification of documents that the case of Tanveer Ahmed … Continue reading

Posted in Adjournment, Appeals, Article 3, Asylum, China, Court of Appeal, Credibility, ECtHR, Mibanga Duty, Pakistan, Politics, Refugee Convention, Tibetan Buddhism, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Procedural fairness: ECO must put suspicions of dishonesty to applicant before refusal says Court of Appeal

R (Wahid) v Entry Clearance Officer [2021] EWCA Civ 346 (25 February 2021)  Following the approach in Balajigari v SSHD [2019] EWCA Civ 673 (discussed here), the Court of Appeal has held that it is arguable that procedural fairness required … Continue reading

Posted in Appeals, Appendix V, Costs, Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Pakistan, Tribunals | Tagged , , , , , | Leave a comment

SSHD succeeds against BNO in Court of Appeal

The Secretary of State for the Home Department v Tariq [2021] EWCA Civ 378 (16 March 2021)  In these proceedings the Court of Appeal held that Helen Mountfield QC, sitting as as a Deputy High Court Judge of the Administrative … Continue reading

Posted in Citizenship and Nationality, Court of Appeal, Expert Evidence, Hong Kong, Immigration Rules, Judicial Review, Pakistan, Settlement, UKSC | Tagged , , , | Leave a comment

Shamima Begum: SSHD strikes back in Supreme Court 

R (Begum) v Special Immigration Appeals Commission & Anor [2021] UKSC 7 (26 February 2021)  Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria … Continue reading

Posted in Access to Justice, Appeals, Article 2, Article 3, Article 6, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, Entry Clearance, Human Rights Act, Human Trafficking, Iraq, ISIS/ISIL, Judicial Review, Statelessness, Syria, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: £1,012 citizenship fee for children is unlawful

R (Project for the Registration of Children As British Citizens & Anor) v SSHD [2021] EWCA Civ 193 (18 February 2021)  The Court of Appeal has held that the SSHD failed to consider the best interests of children under section … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, Court of Appeal, Immigration Act 2014, Judicial Review, s 55 BCIA, UKSC | Tagged , , , , , | Leave a comment

New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status

R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Egypt, Islam, Judicial Review, Refugee Convention, Terrorism | Tagged , , , , , | Leave a comment

Court of Appeal: Upper Tribunal must not speculate on facts

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)  Mr Lowe, a Jamaican national, appealed a decision of the UT to reverse the FTT’s decision to allow his appeal against the refusal … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Jamaica, Public Interest, Tribunals | Tagged , , , , , | Leave a comment

Procedural fairness fails entrepreneur in Court of Appeal

R (Taj) v The Secretary of State for the Home Department [2021] EWCA Civ 19 (20 January 2021)  Genuineness of intention is a key part of obtaining a visa to the UK. This appeal related to the closed (in March 2019) Tier … Continue reading

Posted in Appeals, Court of Appeal, Fairness, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC | Tagged , , , , , | Leave a comment

Government loses bid to lower bar for exclusion of extremists from refugee status

The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)  The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading

Posted in Africa, Al-Shabab, Appeals, Asylum, Court of Appeal, Kenya, Refugee Convention, Somalia, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Proof, expert evidence and credibility in trafficking cases

MN v Secretary of State for the Home Department [2020] EWCA Civ 1746 (21 December 2020)  The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is … Continue reading

Posted in Article 4, Council of Europe, Court of Appeal, ECAT, ECHR, European Union, Expert Evidence, Female Genital Mutilation, Forced marriage, Human Trafficking, Judicial Review, Nigeria, Slavery, UKSC | Tagged , , , , , | Leave a comment

No further “exceptional circumstances” test for Zambrano carers in deportation cases

Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 (16 December 2020)  This appeal raised the issue whether a third-country national (TCN) otherwise benefiting from the derivative right to reside within EU territory pursuant to the … Continue reading

Posted in Brexit, CFR, Children, CJEU, Court of Appeal, European Union, Jamaica, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal upholds Algeria country guidance for gay men

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)  Lewis, Peter Jackson and Asplin LJJ have dismissed the appeal of Mr YD who alleged that the country guidance in OO (Gay men) … Continue reading

Posted in Algeria, Asylum, Court of Appeal, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Pakistani criminal who renounced British citizenship loses deportation appeal

Zulfiqar (‘Foreign criminal’: British citizen) [2020] UKUT 312 (IAC) (11 September 2020)  The Upper Tribunal has found that the meaning of “foreign criminal” is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. … Continue reading

Posted in Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Deportation, Immigration Act 2014, Immigration Rules, Nationality, Nikah, Pakistan, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Court of Appeal clarifies giving of curtailment notices

R (Alam) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)  The Court of Appeal dismissed the appeals of Mr Masud Alam and Mr Masud Rana who had both appealed against the refusal of … Continue reading

Posted in Bangladesh, Court of Appeal, Curtailment, Judicial Review, Notices, Tier 4, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Procedural fairness fails skilled migrant in Court of Appeal

R (Topadar) v Secretary of State for the Home Department [2020] EWCA Civ 1525 The uncertain outcome in the Supreme Court in R (Pathan) v SSHD [2020] UKSC 41, discussed here, was swiftly put to the test in the case … Continue reading

Posted in Appendix Skilled Worker, Article 8, Bank Accounts, Court of Appeal, Employment, Immigration Rules, Judicial Review, PBS, Procedural Fairness, Tier 2, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment