Category Archives: ECHR

The “good character” requirement for Windrush naturalisation applicants was unlawful

R (Howard, Deceased) v Secretary of State for the Home Department [2021] EWHC 1023 (Admin) (23 April 2021)  Mr Justice Swift held in these proceedings that the government’s decision in early May 2018 to continue to apply the existing good … Continue reading

Posted in Article 14, Article 8, ECHR, ECtHR, Historic Injustice, Hostile Environment, Immigration Act 2014, Jamaica, Judicial Review, Windrush | Tagged , , , , , | Leave a comment

Government can retain passport without removing citizenship

R (Xhelilaj) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) Mr Edmir Xhelilaj, a British citizen whose stated place of birth is now in the Republic of North Macedonia, sought judicial review of … Continue reading

Posted in Article 8, Asylum, Citizenship and Nationality, ECHR, Judicial Review, Settlement | 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

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

Upper Tribunal: ‘Historic injustice’ v ‘historical injustice’

Patel (historic injustice: NIAA Part 5A) India [2020] UKUT 351 (IAC) (25 November 2020)  The Upper Tribunal (Lane J and UTJ Norton-Taylor) has imparted guidance explaining the difference between “historic injustice” and “historical injustice” and it also gave guidance on … Continue reading

Posted in Appeals, Article 8, British Overseas Citizens, ECHR, Gurkhas, Historic Injustice, Historical injustice, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, 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

Permission to work guidance for asylum seekers is unlawful

R (IJ (Kosovo)) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020)  The claimant, “IJ”, was a citizen of Kosovo who was determined to be a refugee and a victim of trafficking. During the … Continue reading

Posted in Article 4, Article 8, Asylum, Costs, ECAT, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judicial Review, Persecution, Working | Tagged , , , , , | Leave a comment

An unlawful lacuna in policy is harming victims of trafficking

EOG (Anonymity Order Made) v Secretary of State for the Home Department [2020] EWHC 3310 (Admin) (03 December 2020) Mostyn J has held that an unlawful lacuna in the government’s existing policy concerning the leave to remain of potential trafficking … Continue reading

Posted in Article 14, Article 3, ECAT, ECHR, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, 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

Upper Tribunal says gender terminology respecting the chosen identity of claimants must be used

Mx M (gender identity – HJ (Iran) – (terminology) El Salvador [2020] UKUT 313 (IAC) (22 October 2020)  In this case involving an appellant who was a national of El Salvador and who considered themselves a homosexual man when living … Continue reading

Posted in Access to Justice, Article 3, Asylum, ECHR, El Salvador, European Union, High Court of Australia, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases

AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020)  The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading

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

Syria returnee’s proceedings do not breach right to fair trial

QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading

Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism | Tagged , , , , , , | Leave a comment

Home Office loses appeal in Ugandan LGBT asylum case

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)  The Court of Appeal has dismissed the SSHD’s appeal against Lewis J’s decision in PN v SSHD [2019] … Continue reading

Posted in Access to Justice, Article 3, Asylum, Court of Appeal, ECHR, Human Trafficking, Judicial Review, Law Society, Persecution, Refugee Convention, Removals, Tribunals, UKSC, Yarl's Wood IRC | Tagged , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment